going to court for speeding offence

Conor_3

tomstickland wrote: »

The Pepipoo forums contain some very good advice from experts, along with some rubbish. As always, it requires research to find the best advice for a problem.

Sadly, people tend to believe the rubbish because it tells them what they want to hear.

Conor_3

tomstickland wrote: »

You need 12 points for a ban though.

Actually you don't. Each class of road has a limit where if you are convicted of exceeding it, for example 100MPH on a motorway, it's an automatic ban.

poe.tuesday

tomstickland wrote: »

You need 12 points for a ban though. Plus 35 in a 30 is 3 points.
Do you mean he had 9 points and then another 3 for the 35 in a 30?
.

no, he had 6 points and then he got caught again, taking his points upto 9, he was taken to court and was banned, I didn't believe that this was possible as I also thought that you could only get banned if you went upto 12 points or got caught going over 100mph, but this is not the case, you can be taken to court at any time if the the police want to, I even called the DVLA to check and they confirmed this.

tomstickland

Why did he receive a ban for doing 35 in a 30 then?

greenstick

I have found the advice from www.5ive-o.org very helpful.

The forums users consist of a large percentage of Police officers, magistrates and people who are very clued up on the law.

They will not help you get off an offence, but the FAQs and forum threads will explain the process and likely outcomes.

I was caught doing 92 in a 60 and was summonsed to court. I was bricking it, but the explanation of the procedure ( http://www.5ive-o.org/forum/faq.php?faq=courtfaq_main ) eased my concern.

Also, if the driver can prove the impact a ban would have on the lives of others (employer (not just your travel to and from work), ill relatives, family etc) then this may assist.

I took a letter from my boss saying how I would be unable to perform my job, and that the health of patients (I work for the NHS) may suffer if there was a major IT problem.

I escaped a ban and got 6 points and an unpleasant but manageable fine (they're means tested)

iolanthe07

I was caught doing 92 in a 60

You were very lucky to escape without a ban. 92 in a 60 is just taking the pi$$.

MORPH3US

tomstickland wrote: »

A lot of conclusions are being drawn in this thread. The accused might have been on an open 3 lane motorway at 5am for all we know. If it was a clearly marked 50 limit with Gatso cameras then they are muppets.

No conclusions need to be drawn, the op admitted that the person was doing 90 in a 50.... That is breaking the law!

An "open 3 lane motorway at 5am" is till limited to 70mph so thats breaking the law whichever waty you look at it....

The fact that it is 50 is probably what you are referring to, but they don't reduce speeds for no reason....

It is always a drivers responsibility to know what the speed limit is, so if the person "assumes" its 70 when in fact it is 50 is no defence....

I was once caught doing 50 in a 30 zone.... I had just come out of roadworks and was back on the main dual carridgeway, I was within 50m of the sign returning the road back to national speed limit, but the fact of the matter is, until I passed that sign it was still 30 mph. I learned a hard lesson that day with £60 and 3 points.

Let us know how they get on OP, but I would expect the worst!

M

Happychappy

Conor wrote: »

Actually you don't. Each class of road has a limit where if you are convicted of exceeding it, for example 100MPH on a motorway, it's an automatic ban.

Conor

You need to change the pub you drink at or stop reading the rubbish on peehole.com

There is NOT an automatic ban at 100mph on a motorway, believe me I have worked the motorway for over 20 years, 100mph and win a bike is a myth.

The poster if he/she values their driving licence should engage a solicitor to speak on their behalf if they are not confident to address the bench, if they can speak for themselves, then dont bother with a solicitor but turn up smart as if you are bothered and understand the gravity of the situation, be respectful and dont have an audience as they can sometimes inadvertently distract the bench.

The only way to deal with a bench is the "Im sorry I have no excuse" and then have reasons why the bench should not consider disqualifying ?

Home life with dependants relying upon the driver, work issues supported by a senior managers statement from work as to your employment being at risk without a driving licence is about it, anything personal applying to the driver would not cut the ice.

piggeh

Just a few thoughts - judges have been told to take less notice of people pleading what effect their ban would have on others. They may still take it inot account but they've been instructed to give this less leeway than before.

Secondly, pepipoo is good if you are willing to research and feel you have a genuine case. knowing you were driving at 90 in a 50 isnt a genuine case really. However, if you didnt disclose who was driving I think you're limitted to 3-6 points under a S172 offence, so the OP would have been better off not telling them who was driving (bit late now though).

Conor_3

Happychappy wrote: »

There is NOT an automatic ban at 100mph on a motorway, believe me I have worked the motorway for over 20 years, 100mph and win a bike is a myth.

PLease excuse me if I don't believe the opinions of a grass cutter.