Speeding fine

Aretnap

Car_54 said:

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.

+1 to this. You have misunderstood the way that the system works.

You will be offered a fixed penalty (3 points and £100) for anything up to 75mph in a 50 zone (in England and Wales at least).

Only if you don't accept the offer of a fixed penalty would you end up in a magistrates court, where the magistrates would apply the sentencing guidelines, and give you 4-6 points and a fine based on your income unless there were some unusually strong mitigating circumstances.

(It's not relevant to you as you'll be getting a fixed penalty, but in this context "unusually strong mitigating circumstances" means something like driving fast because of a rare and genuine emergency. Not "I was late for work", "it was a dual carriageway and a sunny day so it doesn't really count", or "I had a row with my wife that morning so I couldn't be expected to drive safely")

jamesmann100

Thanks all for your comments, I really hope that people are right that I may well get the fixed penalty and £100. It's a small stretch of A road (around half a mile) just before a motorway roundabout, and it's dual carriageway, there was nothing in the right hand lane so I assume I must have just accelerated robustly in that section! One of those roads that's surprising it's 50, there's no side roads or anything on it, so without the 50 sign you'd swear it would be a 70 stretch, but those are the rules and I broke them, so will just accept what they give.

[Deleted User]

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

I do all sorts on my bike to prevent accidents, cycle in the middle of the road on blind bends / summits to stop cars passing as I can normally see further ahead due elevated position, wave down cars if there is say a horse around the bend etc. It's good sense as much as anything as a rider might be at risk if a driver slams on and loses control.

Ath_Wat

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.  

How about, "I'm sorry your worship, I was looking at my phone and didn't see a pedestrian, and when I swerved it spilled my rum and coke into my lap so I was temporarily distracted".

Ditzy_Mitzy

If it's any consolation, a traffic policeman once informed me that the threshold for charging is 20 over the prescribed limit.  He explained that having clocked me doing 48 in a 30 limit, and was annoyed by the fact that he was obliged to offer a fixed penalty ticket.  The police sergeant wanted to report me for prosecution, but didn't as the CPS would have thrown it out if no ticket was offered.  I accepted the ticket with open arms, I might add.  Three points and a fine were all that resulted, however 3 mph more would probably have been heading towards a ban.  Whether that would have happened on a first offence is anyone's guess and I suspect it would have been knocked down to points in court.  

The OP was doing slightly less than that, so no doubt FPN and three points all the way.  

Car_54

Ditzy_Mitzy said:

If it's any consolation, a traffic policeman once informed me that the threshold for charging is 20 over the prescribed limit.  He explained that having clocked me doing 48 in a 30 limit, and was annoyed by the fact that he was obliged to offer a fixed penalty ticket.  The police sergeant wanted to report me for prosecution, but didn't as the CPS would have thrown it out if no ticket was offered.  I accepted the ticket with open arms, I might add.  Three points and a fine were all that resulted, however 3 mph more would probably have been heading towards a ban.  Whether that would have happened on a first offence is anyone's guess and I suspect it would have been knocked down to points in court.  

The OP was doing slightly less than that, so no doubt FPN and three points all the way.  

Yes, guidelines say court action starts at 20 over in a 30 limit. But 15 over in a 20 limit, and 26 in all higher limits.

TooManyPoints

Yes, guidelines say court action starts at 20 over in a 30 limit. But 15 over in a 20 limit, and 26 in all higher limits.

Which perfectly demonstrates why it's unwise to ever take legal advice from a police officer.

For reference, the various thresholds are shown in this document:

Microsoft Word - Speed Enforcement Guidance ACPO_2011 2015_May 2013_Internet (npcc.police.uk)

Paragraph 9.6. The guidelines were produces by the ACPO (Association of Chief Police Officers). That body was abolished in 2015 and replaced by the NPCC (National Police Chiefs' Council. The NPCC adopted the guidance document and it is followed by all forces in England & Wales.

Mgman1965

Here's what I got.

Caught by scamera van at 56 in a 40 (I was 20yds inside the limit at 8am on a Sunday morning, non residential area).

Thought I'd be off to court.

Offered a fixed penalty (3 points £100 fine)

No SAC offered , fixed penalty or court.

Car_54

Mgman1965 said:

Here's what I got.

Caught by scamera van at 56 in a 40 (I was 20yds inside the limit at 8am on a Sunday morning, non residential area).

Thought I'd be off to court.

Offered a fixed penalty (3 points £100 fine)

No SAC offered , fixed penalty or court.

In line with the guidelines: SAC up to 53, COFP up to 66.

kinger101

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?

Speeding is a strict liability offence.  There is no mitigation.  Your only defence is their evidence is defective.