Speeding

Gonzo_Express

Recently I was caught speeding on the M62 between junctions 27 & 28 eastbound my alleged speed was 98mph.
1. Is it worth me challenging the cameras accuracy ? as 2mph lower it would be fixed points and a fine.
2. What punishment could i be looking at ? as i have a clean license

EssexExile

In a word - no.

A week's pay & half a dozen points.

wgl2014

Any challenge to the cameras accuracy would be made at court which is where you are heading anyway.

If you do decide to try this approach then research it thoroughly as it can get expensive.

System

Gonzo_Express wrote: »

Recently I was caught speeding on the M62 between junctions 27 & 28 eastbound my alleged speed was 98mph.

2. What punishment could i be looking at ? as i have a clean license

First of all given that is a variable speed limit section what was the signed speed limit?
Assuming it was 70 MPH most likely treated a Band B offence so 4 to 6 points or 7 to 28 day ban, 100% of weekly wage fine. If it was 60MPH or less you will be looking at a Band C offence so 150% weekly wage fine and 6 points or up to 56 day ban.

I'd not drive to court. If you're given 6 points and you've only had your license under 2 years you won't be able to drive as you'd get a ban under totting up. Depending on the severity of the offence the court could issue a ban instead of points as well. If you get a ban it applies immediately so you'd not be able to drive home.

Car_54

wgl2014 wrote: »

Any challenge to the cameras accuracy would be made at court which is where you are heading anyway.

If you do decide to try this approach then research it thoroughly as it can get expensive.

Exactly - there is no way you can get a fixed penalty.

The fines mentioned already will be eligible for a 33% discount for an early guilty plea, but you will face costs of c £85 and a victim surcharge of 10% of the fine (min £30).

TooManyPoints

You would have been detected by an approved device. These are assumed to be working correctly unless the contrary can be shown. So, if you plead Not Guilty to speeding (or plead guilty but dispute the speed alleged, where you will require a “Newton Hearing”) the burden falls to you to show that the device was not accurate. If you are not confident to do so, or are unprepared to pay an expert ££££s to do it for you, you should avoid the task.

As has already been said, in order to challenge the speed the matter would have to be heard in court and in any case that’s in all likelihood where you are heading as 98mph is too fast for a Fixed Penalty Offer. Even if you succeed, and get the court to accept that you were doing “only” 95mph, the Fixed Penalty offer will have lapsed. They are only made to drivers who accept the facts as alleged and are prepared to see the matter disposed of without going to court.

The guideline penalty for your speed is a fine of a week’s net income, reduced by a third for a guilty plea, and between 4 and 6 points. That band covers speeds of 91 to 100mph. Since you are near the top of that band you can expect a penalty near the top of the range. You may get away with five, but my money would be on six points. As well as that you will pay £85 in prosecution costs and a surcharge of 10% of the fine (minimum £30, Maximum £170).

Car_54

Tarambor wrote: »

If you're given 6 points and you've only had your license under 2 years you won't be able to drive as you'd get a ban under totting up. Depending on the severity of the offence the court could issue a ban instead of points as well. If you get a ban it applies immediately so you'd not be able to drive home.

No, if you're under 2 years it will not be an immediate ban. The court will issue 6 points and the DVLA will write to you in due course revoking your licence. You can still drive in the interim.

And there is no way a court can issue a ban plus points, it's either one or the other.

TooManyPoints

“I'd not drive to court. If you're given 6 points and you've only had your license under 2 years you won't be able to drive as you'd get a ban under totting up.”

That is incorrect.

A “New Driver” (one who has passed his first driving test less than 2 years prior to the date of the offence) is not disqualified upon reaching six points and he can drive away from the court. When the DVLA is informed of his points they will write to him revoking his driving licence. Upon the receipt of his revocation he must stop driving but he can immediately apply for a new provisional licence and drive – subject to its conditions – as soon as he has it.

This provision is contained in the “New Drivers (1995) Act and has nothing to do with “totting up”. A driver disqualified under totting up has a clean licence when he finishes his ban; a driver who has his licence revoked under the New drivers’ Act has all his points remaining on his new provisional licence.

Muscle750

More to the point why were you doing 98 mph in the first place ? I come out iof London on a saturday night on the M4 quite alot and how half those idiots between Chiswick and Heathrow dont get done is beyond me. I had one come past me at Heston services in the slow lane in a BMW doing well over 3 figures recently.

waamo

Muscle750 wrote: »

More to the point why were you doing 98 mph in the first place ? I come out iof London on a saturday night on the M4 quite alot and how half those idiots between Chiswick and Heathrow dont get done is beyond me. I had one come past me at Heston services in the slow lane in a BMW doing well over 3 figures recently.

What is a slow lane? I thought all lanes on a motorway had the same limit.

forgotmyname

waamo wrote: »

What is a slow lane? I thought all lanes on a motorway had the same limit.

The right hand lane is often the slowest one