Speeding offence

smallzoo2

My son in law was caught speeding in his van by a fixed camera doing 96 on a dual carriageway which of course is 70 !

He admitted guilt and has had a letter about a Single Justice Procedure Notice so no need to go to court

I reckon he could get either 6 points plus a fine ( up to £1000 ) or a 28day ban but I understand the rules are a bit different for vans and dual carriageways 

I've never had a speeding offence so I cant really advise him expect what I have read

Anyone got any bad news for him ?

..and please no offensive jibes..he was an idiot I know but at least I can give him an idea what to expect

cheers

Car_54

What sort of van?
For most vans, the limit on a non-restricted DC is 60, so he’d be 36mph over.
 If the DC had a lower limit, it would be worse. Court seems inevitable.

smallzoo2

I didn't know that, just a normal Transit which you regularly see doing 85+ on the motorway

lemondrops69

If it is 36mph over then yes, disqualify 7 – 56 days OR 6 points. Court is a definite 

Herzlos

The speed limit for normal vans on dual carriageways is only 60 (70 on motorways), it's in the highway code but almost no-one seems to have remembered it because it's not usually relevant at the time:

https://www.highwaycodeuk.co.uk/control-of-the-vehicle.html

That'll explain why he has to go to court and not get a fixed penalty.

The news for his is going to be pretty bad; he's going to either have to plead guilty or try and prove he wasn't speeding. Much easier to just own up to it at this stage given he was going over 1.5x the speed limit.

His only possibility is to plead extreme hardship for someone else if he loses his license (like taking a family member to regular hospital appointments).

He'll also want to talk to his boss about it, in case the 6 points would affect his job.

smallzoo2

He is his own boss ...( joiner ) but thanks

I'm guessing that its a 28day ban plus fine

Well I hope he learns his lesson

ontheroad1970

It might not be 28 days.  That's at the top end.  Might be worth him posting on pepipoo and seeing if there is anything he can say to mitigate (not lessen) the offence.  They are pretty good there at assessing what to say to keep the penalty down.  Things like points being a better disuasion as it would put him closer to the 6 month ban for totting.  Better if he posts there himself though.  

smallzoo2

ontheroad1970 said:

It might not be 28 days.  That's at the top end.  Might be worth him posting on pepipoo and seeing if there is anything he can say to mitigate (not lessen) the offence.  They are pretty good there at assessing what to say to keep the penalty down.  Things like points being a better disuasion as it would put him closer to the 6 month ban for totting.  Better if he posts there himself though.  

Thanks I'll let him know

Car_54

Herzlos said:

The speed limit for normal vans on dual carriageways is only 60 (70 on motorways), it's in the highway code but almost no-one seems to have remembered it because it's not usually relevant at the time:

https://www.highwaycodeuk.co.uk/control-of-the-vehicle.html

That'll explain why he has to go to court and not get a fixed penalty.

The news for his is going to be pretty bad; he's going to either have to plead guilty or try and prove he wasn't speeding. Much easier to just own up to it at this stage given he was going over 1.5x the speed limit.

His only possibility is to plead extreme hardship for someone else if he loses his license (like taking a family member to regular hospital appointments).

He'll also want to talk to his boss about it, in case the 6 points would affect his job.

There is no statutory provision for an "exceptional hardship" plea in such cases. It can't do any harm to mention any such circumstances in his written plea, but the court doesn't have to consider it.

Car_54

OP, are you sure the dual carriageway was a 70 limit? Many are less.

smallzoo2

[Deleted User] said:

OP, are you sure the dual carriageway was a 70 limit? Many are less.

No idea, only going on what my son in law said..thx anyway