Speeding - 41 in a 30

Johno100

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

Unless you have missed out some key information then 41 in a 30 will either be the offer of a Speed Awareness Course or 3pts and £100 fine.

It is only if you plead not guilty / ignore all the paperwork that it will end up in court where (assuming you are found guilty) the recently amended penalties and banding you refer to will come into play.

I'm afraid the way the press reported the recent changes was very misleading and gave the impression that the fixed penalty was being done away with, it isn't/hasn't.

wonton

I'm in the west midlands :-(
Driving above the designated speed limit is not only unsafe, but it is also illegal. West Midlands Police have the right to prosecute all those who are breaking this law. The current eligibility criteria set by the West Midlands Police for admittance to a Speed Awareness Course instead of receiving a fine and points on a license is 10% + 7mph. We understand the existing recommendation from ACPO is 10% + 9mph, however, this criterion is provided as guidance only. It does not remove the right for local authorities to set their own speed thresholds.

wonton

After I send back the NIP and if they do send me to court, how long do you generally have to wait for the case?

System

wonton wrote: »

van I think Didn't even see it :-(

Nor your speedo either apparently which could have been reading as high as 46MPH.

wonton wrote: »

After I send back the NIP and if they do send me to court, how long do you generally have to wait for the case?

Depends on how busy the court is with more important business. It could be several months. Some courts tend to have an entire day where they hear nothing but motoring offences. In short, nobody can tell you with any certainty.

Comms69

wonton wrote: »

I'm in the west midlands :-(
Driving above the designated speed limit is not only unsafe, but it is also illegal. West Midlands Police have the right to prosecute all those who are breaking this law. The current eligibility criteria set by the West Midlands Police for admittance to a Speed Awareness Course instead of receiving a fine and points on a license is 10% + 7mph. We understand the existing recommendation from ACPO is 10% + 9mph, however, this criterion is provided as guidance only. It does not remove the right for local authorities to set their own speed thresholds.

West Midlands Police should update their website, as West Midlands Police don't prosecute anyone.....

Car_54

Comms69 wrote: »

Going to court can be beneficial.


You can plead guilty and provide mitigation.


e.g. no previous convictions.

So either

1. Accept the course or FPN - maximum £100, or

2. Go to court, learn that there is no mitigation, get income-related fine, costs (£85 min), victim surcharge (min £30), so total minimum over £200. Plus waste of a day.

Tricky decision.

Car_54

wonton wrote: »

After I send back the NIP and if they do send me to court, how long do you generally have to wait for the case?

As several people have told you, provided you respond properly within the required timescales you will NOT have to go to court.

Comms69

Car_54 wrote: »

So either

1. Accept the course or FPN - maximum £100, or

2. Go to court, learn that there is no mitigation, get income-related fine, costs (£85 min), victim surcharge (min £30), so total minimum over £200. Plus waste of a day.

Tricky decision.

Where did I say to not accept a FPN??


If the OP has received a summons, they aren't offering an FPN. Therefore he can either plead guilty by post. Or by attendance.


At no stage did I advocate CHOOSING to go to court. Rather that attendance can help vs non attendance.

Car_54

Comms69 wrote: »

West Midlands Police should update their website, as West Midlands Police don't prosecute anyone.....

And nor do "local authorities to set their own speed thresholds."

LAs set speed limits, not prosecution policy.

Johno100

wonton wrote: »

I'm in the west midlands :-(
Driving above the designated speed limit is not only unsafe, but it is also illegal. West Midlands Police have the right to prosecute all those who are breaking this law. The current eligibility criteria set by the West Midlands Police for admittance to a Speed Awareness Course instead of receiving a fine and points on a license is 10% + 7mph. We understand the existing recommendation from ACPO is 10% + 9mph, however, this criterion is provided as guidance only. It does not remove the right for local authorities to set their own speed thresholds.

I know you are new around here, but if you are going to quote something from another source then you need to make that clear and provide a link.

What you have quoted is outdated (pretty obvious by reference to ACPO), because on 14 January 2014 WMP came into line with most other forces and moved to 10% +9mph for it's maximum threshold for a Speed Awareness Course.

Driving above the designated speed limit is not only unsafe, but it is also illegal. West Midlands Police have the right to prosecute all those who are breaking this law. Prior to the 13th January 2014 the criteria for speed awareness for any offences were 10% +7mph, after the 13th January 2014 the criteria changed to 10% +9mph. We understand the existing recommendation from ACPO is 10% + 9mph, however, this criterion is provided as guidance only. It does not remove the right for local authorities to set their own speed thresholds.

https://foi.west-midlands.police.uk/speed-awareness-486414/