Speeding offence

Shayboy786

My father has been clocked speeding by a mobile mounted camera on a stretch of road..51mph in a 30mph area.
His license currently has 9points / 3 offences ( 1x SP30 + 2x TS10 ). Not a good example to begin with! Although, he has been driving for over 50yrs without causing any harm to another road user.
All His 9points were accumulated in April 2012..bad month !!
Want to know what the outcome would be if he accepts the Notice of Intent to Prosecute ?
A definite ban + 6 points + a fine ?
Mitigating circumstances = has been a good driver for over 50yrs, clear daylight morning, thin traffic, was not speeding in the whole journey to the Docs apptmnt, was concentrating on the road n it's users and momentarily lapsed into the excessive speed..he is remorseful.
Consequences of the ban would be detrimental to two other people..who he drives around to various Docs n hospital apptmnts + visits.
Any suggestions from anyone who has been in an awkward position n faced a driving ban and/or is knowledgeable in the technicalities of the Law. :eek::mad:

Many thanks. :A

Quentin

Shayboy786 wrote: »

....Want to know what the outcome would be if he accepts the Notice of Intent to Prosecute ?....

He cannot refuse to accept a NIP!

Johnmcl7

He needs to focus on making an exceptional hardship plea where he focuses on how a totting up ban would affect others, if it's accepted he will receive the points but not the totting up ban. There's a lot of good information on http://Forums.pepipoo.com on how to prepare an exceptional hardship plea.

John

facade

Take this over to peppipoo.

He is being asked to nominate the driver, he cannot refuse to do this and must send the form back within the 28 days time limit.

At 51 in a 30 he will get a summons to court as it cannot be dealt with by fixed penalty.
(Also with 9 points already, he would receive a totting up ban.)

This likely won't be for 6 months though, so he can continue to drive (like the proverbial Nun) until then.

macman

Don't try the Chris Huhne escape route...

neilmcl

So you're saying that he's a good driver, yet he already has 9 points from speeding and running red lights and now he's caught driving a 50mph in a 30. Maybe he should have thought about the "consequences" you mention before continuing to drive like an idiot.

Johno100

neilmcl wrote: »

So you're saying that he's a good driver, yet he already has 9 points from speeding and running red lights and now he's caught driving a 50mph in a 30. Maybe he should have thought about the "consequences" you mention before continuing to drive like an idiot.

Ah there's always one.

I bet when someone stops you and asks for directions you reply "well I wouldn't start from here".

AdrianC

He's got a court date ahead of him, for sure. He needs to be pleading exceptional hardship - and that means things like losing his job then house as a direct result. He's retired? Very unlikely to be credible. "Inconvenient" to people he voluntarily helps is not going to be anywhere near enough.

Don't even _attempt_ to justify 50+ in a 30. That's going to be near-on 60 on the speedo. Doing anything but being VERY apologetic and contrite is going to be counter-productive.

Realistically, he's not got much hope of anything but ban and fine. I'll guess at 28 days.

Aretnap

AdrianC wrote: »

Realistically, he's not got much hope of anything but ban and fine. I'll guess at 28 days.

The minimum totting ban is 6 months, unless he can show that it would cause exceptional hardship (preferably to other people). In practice it's rare for it to be longer than 6 months, unless it's your second totting ban. So I'll guess at 6 months.

AdrianC

Aretnap wrote: »

The minimum totting ban is 6 months

Ooof... Still, at least he has a free bus pass...

custardy

Johno100 wrote: »

Ah there's always one.

.

Yup usually you.
However you are right. Jumping red lights and going 21mph over a 30 mph limit is fine.