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Speeding - 41 in a 30

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Hi, I wondered if this has happened to anyone else?

This will be a band B offence where I'll get a fine, 4 to 6 points or a ban of 7 to 28 days.

Does anyone know if i'll have to go to court? I've a clean license at the moment.

Thanks
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Comments

  • gardner1
    gardner1 Posts: 3,154 Forumite
    edited 16 November 2017 at 2:27PM
    wonton wrote: »
    Hi, I wondered if this has happened to anyone else?

    This will be a band B offence where I'll get a fine, 4 to 6 points or a ban of 7 to 28 days.

    Does anyone know if i'll have to go to court? I've a clean license at the moment.

    Thanks

    looks like 4-6 points......have you had the official NIP or are you just guessing the 41 mph because 40mph make a big difference

    If first offence and you've had licence more than 2 years a speed awareness course might be offered
  • wonton
    wonton Posts: 15 Forumite
    I had the notice of prosecution stating the speed.
    My query is will I have to go to court or will I get a reply telling me what my fine is etc?
  • TonyMMM
    TonyMMM Posts: 3,423 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 November 2017 at 2:29PM
    It will be an invitiation to attend a Speed Awareness Course, or if you are not eligible for that (i.e. you have done a course in the last three years) it will be a fixed penalty of 3pts and £100.

    The higher penalties only become relevant if the case goes to court - and that will only happen if you choose to contest it, or you have too many points to accept a fixed penalty.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No you don't have to go to court. You should get the reduction for a guilty plea


    https://www.sentencingcouncil.org.uk/offences/item/speeding-revised-2017/2-speeding-revised-2017/
  • 2 years ago I received a NIP for 41 in a 30 (it was at 3am in the morning just after coming off a motorway and I wasn't aware it had dropped down that low before anyone tells me off lol)

    You sound like you are just in the 10%+8 rule (30mph + 3mph + 8mph = 41mph) so there is a possibility that you will be offered a driver awareness course or 3 points Fixed Penalty.

    Was it a speed camera?

    I can recommend the course, it was actually quite enjoyable

    It will depend on your local road safety partnership and their rules though!
  • wonton
    wonton Posts: 15 Forumite
    This is the law now. For them to impose this, will I have to go court is my question? Has anyone had experience of this?

    Band B

    4-6 points or 7-28 days disqualification and a penalty of around 100% (between 75% and 125%) of your weekly income, applies to more serious offences:

    31 to 40mph in a 20 limit
    41 to 50mph in a 30 limit
    56 to 65mph in a 40 limit
    66 to 75mph in a 50 limit
    81 to 90mph in an 60 limit
    91 to 100mph in a 70 limit
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    wonton wrote: »
    I had the notice of prosecution stating the speed.
    My query is will I have to go to court or will I get a reply telling me what my fine is etc?



    You need to provide a breakdown of earnings and allowed outgoings so the court can work out your weekly surplus. If you don't do this it will be assumed for you at circa I believe £300


    you get a discount for early guilty plea.
  • wonton
    wonton Posts: 15 Forumite
    van I think Didn't even see it :-(
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Going to court can be beneficial.


    You can plead guilty and provide mitigation.


    e.g. no previous convictions.
  • W1zz
    W1zz Posts: 621 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    The speed is within the threshold guidelines of 10% plus 2 mph and 10% plus 9 mph.

    By way of example within a speed limit of 30mph you should be offered the course at speeds of between 35mph and 42mph.

    https://www.motordefencelawyers.co.uk/speed-awareness-driver-improvement-courses/
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