Need some advice for a friend - who got nicked for Speeding

Virdi

Virdi

Virdi

Soldato
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Hi all,

My friend got a letter through the post from the Hampshire Police etc... advising that he had been clocked doing 97Mph in 70Mph Zone. (must have been a mobile Gatso)

So he's told the truth and signed and sent back the letter, saying he was the driver.

He's since then received a letter advising that he'll have to go to court, because they can't deal with this by a fixed penalty etc...

Anyways - So his concerns / Questions are:

- What do you think he'll get? (as in points and fines)

- Will he need to take his license and counterpart to court?

- He has previous points etc.. but which have now expired, but they're still on the counterpart... Would it be a good idea to get the counterpart sent off now - So that the points are not on there?

....Does the court even look at previous points?


Thanks
 
search the last speeding thread we had. Heres my post again

http://forums.overclockers.co.uk/showpost.php?p=12688196&postcount=39

Me and Lopez had both been here before for doing 100 + on the motorway. As far as the courts go, not much difference between 97 and 100 +, still more than 25 over the limit, but not enough for dangerous driving.

Virdi said:
Anyways - So his concerns / Questions are:

- What do you think he'll get? (as in points and fines)

- Will he need to take his license and counterpart to court?

- He has previous points etc.. but which have now expired, but they're still on the counterpart... Would it be a good idea to get the counterpart sent off now - So that the points are not on there?

....Does the court even look at previous points?


Thanks
Click to expand...

Could be either a 28 day ish ban + fine unless he's got a very good reason why he needs his license (please, we've had this argument this week already) or 6 points and a larger fine

He will need to take his full license to court, and had it to the clerk of the court.

The clerk of the court will declare to the magistrates any valid points (ie under 4 years old) any over the date wont be declared to the magistrates. The clerk of the court gave me a knowing look when i handed mine over, had 6 points, and 6 others that id not removed that had long since expired ! But he only declared the 6 that were valid at the time of offence.


And yes the magisrates will take this into account, if he's already got valid points from the time of offence, he'll get branded a dirty speeder and its very unlikely he'll get anything other than a ban. Good news is its max 56 days though, and they post your license back in the post.

Court case can take 6 months to come, so he's in for a nervous wait !
 
Last edited:
MrLOL said:
search the last speeding thread we had. Heres my post again

http://forums.overclockers.co.uk/showpost.php?p=12688196&postcount=39

Me and Lopez had both been here before for doing 100 + on the motorway. As far as the courts go, not much difference between 97 and 100 +, still more than 25 over the limit, but not enough for dangerous driving.



Could be either a 28 day ish ban + fine unless he's got a very good reason why he needs his license (please, we've had this argument this week already) or 6 points and a larger fine

He will need to take his full license to court, and had it to the clerk of the court.

The clerk of the court will declare to the magistrates any valid points (ie under 4 years old) any over the date wont be declared to the magistrates. The clerk of the court gave me a knowing look when i handed mine over, had 6 points, and 6 others that id not removed that had long since expired ! But he only declared the 6 that were valid at the time of offence.


And yes the magisrates will take this into account, if he's already got valid points from the time of offence, he'll get branded a dirty speeder and its very unlikely he'll get anything other than a ban. Good news is its max 56 days though, and they post your license back in the post.

Court case can take 6 months to come, so he's in for a nervous wait !
Click to expand...


No retest after ban?
 
rscosworth said:
No retest after ban?
Click to expand...

only if you get a long term ban. This is a minimum 6 months and is only for offences such as dangerous driving or drink driving

For a long term ban, you have to re-apply for your license, but not necessarily need a re-test. This is at the magistrates disgretion.

rscosworth said:
Yes, i know about the 2yrs probation, just thought any ban would automatically mean retest.

.....
Click to expand...

nope. Not even the totting up means an automatic retest.

You have to really annoy the magistrate to be told to take a re-test.
 
Had a friend who got caught about 3 years ago at 99mph. He got 5 points and a £250ish fine. It depends on the magistrate most of the time. At 97, you would be unlucky to get a ban, but don't discount it.
 
Usually in a 70mph zone you will get 5 points between 91 and 100 and 6 points for 101-110, anything above that is almost certainly a ban.

They often ban for 101-110 but rarely for 91-100. It will most likely be 5 points.

If it is a ban the maximum is a 12 week ban for a speeding offence. In reality for 97mph the ban would be likely to last no more than 14 days.

I got 5 points and £185 fine for 100mph. They are more likely to ban if it was a dual carriageway and I am assuming it was since I know of no Gatso cameras on the motorways in Hampshire. Thinking about it, I know of no Gatso cameras at all in Hampshire, are you sure it wasn't either a Truvelo on a dual carriageway or an LTI20.20 on the M27?
 
Tell your mate not to worry, even if he gets a lengthy ban he'll always have you to drive him around won't he?
 
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