Speeding fine

jamesmann100

Hi all. I have had the dreaded intention of prosecution notice, I was caught at 67mph on a 50, it was a dual carriageway, I'm 49, been driving since 17 and have no penalty points. From the searches I've done, it's not a 3 points job, as that applies up to 65 on a 50, so I'm in band B. This means 7-28 days disqualification, and 4-6 points. I have 2 questions:
1. Do they ever show any leniancy, and say that as I'm only just into band B and it was a dual carriageway, they may allow me into Band A (3 points and £100)
2. If I am to stay in band B, does anyone know what criteria they apply in deciding whether to give me points or a disqualification?

Thanks in advance people

jamesmann100

Correction, band B is 7-28 days disqualification OR 4-6 points, hence the question on which it it's likely to be

Grey_Critic

Travelling from Grassington to Skipton yesterday there was a CYCLIST Yes A CYCLIST frantically waving at everyone to slow down as there was a speed trap round the next bend

tacpot12

I'm not sure, but I think the court is likely to decide based on the facts of the case reported to the court by the police. If you were caught be a camera, or a police car and there were no other offences involved, I think they are likely to deal with it by way of points, and probably only 4 points because you were only just into band B. 

It might be worth making some notes about what you can recall about the incident, e.g. the road conditions, the weather, your state of mind (were you distracted by a recent event, or argument), who was in the car with you, etc. Any of these things, and many others might form the basis for some mitigation, as will your previous good driving record. If you can show the court why that you are aware of why you were speeding, you might have a basis to suggest that you will be more aware next time, if the same circumstances arise.  

Car_54

Those bands apply to magistrates' court sentencing. At that speed, you should be offered a fixed penalty, so no need to go to court.

£100 and three points.

soolin

tacpot12 said:

I'm not sure, but I think the court is likely to decide based on the facts of the case reported to the court by the police. If you were caught be a camera, or a police car and there were no other offences involved, I think they are likely to deal with it by way of points, and probably only 4 points because you were only just into band B. 

It might be worth making some notes about what you can recall about the incident, e.g. the road conditions, the weather, your state of mind (were you distracted by a recent event, or argument), who was in the car with you, etc. Any of these things, and many others might form the basis for some mitigation, as will your previous good driving record. If you can show the court why that you are aware of why you were speeding, you might have a basis to suggest that you will be more aware next time, if the same circumstances arise.  

I respect the fact that you are a high count poster, but I really don’t think suggesting telling magistrates that they drove whilst distracted is a good idea. 

Manxman_in_exile

Yeah.  That would be aggravating not mitigating.

Car_54

tacpot12 said:

I'm not sure, but I think the court is likely to decide based on the facts of the case reported to the court by the police. If you were caught be a camera, or a police car and there were no other offences involved, I think they are likely to deal with it by way of points, and probably only 4 points because you were only just into band B. 

It might be worth making some notes about what you can recall about the incident, e.g. the road conditions, the weather, your state of mind (were you distracted by a recent event, or argument), who was in the car with you, etc. Any of these things, and many others might form the basis for some mitigation, as will your previous good driving record. If you can show the court why that you are aware of why you were speeding, you might have a basis to suggest that you will be more aware next time, if the same circumstances arise.  

The OP will  be offered a fixed penalty, and  - unless he fouls up by not accepting it and meeting the conditions - he will not be going to court. Even it reaches court, it would normally be dealt with by a postal plea.

If this does happen, he had best ignore your advice. Good road and weather conditions are not mitigating factors, indeed they create the bad impression that the defendant thinks it is ok to speed. As already suggested, if you are distracted you should not be driving. Carrying passengers is actually listed in the guidelines as a possible aggravating factor!

The less said the better, apart maybe for 'Sorry, temporary lapse, out of character'.

The_Unready

Grey_Critic said:

Travelling from Grassington to Skipton yesterday there was a CYCLIST Yes A CYCLIST frantically waving at everyone to slow down as there was a speed trap round the next bend

Is this so surprising? The vast majority of cyclists drive cars as well! Wow - who'd have thought it!

baser999

I got caught ‘flying down the road’ at 36 in a 30 zone. Accepted I was the driver and awaited my fate; I’m 67 and clean licence for over 45 years. Got an offer of 3 points and £100 fine or driver awareness course for £90, with no further action, which I accepted. 

I was surprised that there was nowhere to plead mitigating circumstances (I was being chased by the police at the time after robbing the local bank 😏) I can only assume that was this was only available by electing to be heard at court?

DanDare999

baser999 said:

I got caught ‘flying down the road’ at 36 in a 30 zone. Accepted I was the driver and awaited my fate; I’m 67 and clean licence for over 45 years. Got an offer of 3 points and £100 fine or driver awareness course for £90, with no further action, which I accepted. 

I was surprised that there was nowhere to plead mitigating circumstances (I was being chased by the police at the time after robbing the local bank 😏) I can only assume that was this was only available by electing to be heard at court?

Why would there be a need for mitigating circumstances on a fixed penalty? Focus on the word fixed, there is no movement on the fine or points.

You did however have the chance to refuse their offer and go to court. All of which would have been clearly explained within the paperwork.