Intention to Prosecute

skegyuk

Hi All,

I have just had a letter come through that I was caught on the M25 at 10pm doing 104mph.

Does this mean I will definitely be banned?

I need my car for work but only to get to the train station - will a letter from my work help?

Does anyone advise I seek legal advice? I have no intention of fighting it.

Are the fines calculated on income?

Any help would be much appreciated.

Quentin

Wrong forum.


Take this to pepipoo

skegyuk

Thanks! I will check it out.

Umkomaas

Not much parking going on at 104 mph. The car may well be parked for a little while shortly though.

I won't 'flame' the OP - there but for the grace....... etc! Younger days, before anyone starts - Austin Allegros were the biz! :rotfl:

ColliesCarer

Umkomaas wrote: »

Not much parking going on at 104 mph. The car may well be parked for a little while shortly though.

I won't 'flame' the OP - there but for the grace....... etc! Younger days, before anyone starts - Austin Allegros were the biz! :rotfl:

Ooooooh you boy racer

Go faster stripes too?

peter_the_piper

Likely the OP will have to attend court, don't go by car, do wear a suit etc (not hoodie), send letter giving personal circumstances, do go to pepipoo for further advice. Be more careful in the future.

Nodding_Donkey

If the court is in London remember the buses don't take cash any more. You can use a contactless credit/debit card though.

bazster

FWIW I once got nabbed doing 103 on the M1. I pleaded guilty (I did have to attend the court), tugged my forelock, pointed out my previously-unblemished driving record, and my employer wrote to the court saying what a super chap I was and how I needed to drive for my work (which was a little bit of a fib TBH).

The magistrates gave me a earwigging, picked my pocket and sent me on my way with three points on my licence. So no, it isn't guaranteed that you will get a ban. Don't do it again though: I never have.

The_Deep

I have to admit to once deliberately exceeding the speed limit. It was in France driving down to Spain via the Dordogne.

I was the proud owner of s !!!! off the shovel brand new Alfa Romeo 166, 3 litre.

Clarkson said that it had a top speed of 150 mph, so I tried it. It wound up to 150 and, when it was over, (I have never been so relieved in my life,) and aware that the Gendarmerie infest the toll booths, toodled to the next one at a less buttock clenching 40 mph. ht

HO87

skegyuk wrote: »

Hi All,

I have just had a letter come through that I was caught on the M25 at 10pm doing 104mph.

Does this mean I will definitely be banned?

Assuming that you are not already "totting" (that you already have 9 points and a further conviction for speeding will add another 3 taking you to the magic 12) not definitely but you are likely to have to show good reason why you shouldn't. The Sentencing Guidelines indicate, besides a Band B fine, a short-term ban of 7-56 days OR 6points. You might well want to angle for the latter but go prepared to deal with the likely disqualification.

Whilst the excessive hardship argument is generally used only in respect of totting bans it can be used as the basis for mitigation in these circumstances. Remember - it will be you who is being punished so focusing on those who might suffer as a result of that is a far better approach than on what might happen to you. Do you have relatives who absolutely rely on your being able to drive on a regular basis (daily, weekly)?

skegyuk wrote: »

I need my car for work but only to get to the train station - will a letter from my work help?

It will help especially if used in a more rounded argument. If you are going to rely solely on a works letter it might not cut very much of a dash.

skegyuk wrote: »

Does anyone advise I seek legal advice? I have no intention of fighting it.

Overall, this is going to cost you some money. The fine alone is likely to be the equivalent of 100% (although in the range 75-125%) of your "relevant weekly income". Your RWI is equivalent to your gross weekly salary minus tax and NI. No allowances are made beyond that. To this you can add costs - and they are varying significantly at the moment but are unlikely to be less than £100 and the victim levy on top of that.

Based on that and if you are reasonably articulate and can appear genuinely apologetic and remorseful why add to the expense when you could present your own mitigation? A solicitor - even for a guilty plea - will be charging a minimum of £300 and more likely £500.

skegyuk wrote: »

Are the fines calculated on income?

Yes - see above.

skegyuk wrote: »

Any help would be much appreciated.

PePiPoo is good place to start and for guidance in preparing your mitigation. It would be sensible to draft it as a letter (which can be handed in to the court's Legal Advisor - Magistrates Clerk as they used to be known) if you dry up. If not then you can read it out to the court. Try and keep this to 7-8 minutes as after that the bench will start to nod off.

Umkomaas

^^ a very comprehensive post from HO87 ^^

I generally steer clear of specific advice on potential court cases; I don't overstretch my capacity, relative to my knowledge base, but from the quality of advice provided, what I do know, you won't, in my opinion, get better.

HO87 is a quality contributor.