Speeding Prosecution

[stigggeh]

This drives me insane - get nicked, get banned. End of. None of this crap 'Well I'm a printer fixer with a van I'll lose my job', why should they be allowed to continue to enjoy driving whilst a guy who works in an office gets his enjoyment taken from him just due to career choice?

It's pathetic. If you rely on your license for your job, be more careful.

And no, thats not holier than thou, I've had points before as well

I totally agree, people should be dealt with fairly and equally regardless of employment. The phrase "If you cant do the time dont do the crime" springs to mind. If you need your licence to do your job and you know your going to lose that job should you be banned, surely you take extra care not to speed

 

[Rich_L]

It's quite simple really, a sentence should provide punishment proportionate to the crime. A given sentence does not affect all people equally, so the sentence should take into account various circumstances to ensure the punishment is equally proportionate to all.

I.e. a person who is wholly reliant on their car for work will be disproportionately affected by a driving ban than someone who only uses his car at the weekends to hoon around. Much like a millionaire wouldn't even notice a £1,000 fine but someone on minimum wage would take them a year to pay it back.

That said, it's still flippin' stupid zooming around at 100+ when you need your car for work!

 

[EvilDreams]

I have heard many a time that 100+ = ban.

 

[Housey]

I have heard many a time that 100+ = ban.

I'd stop listening because it doesn't.........same as 12 points = a ban. Sure, all things being normal then yes, but there are occasions....

 

[[TW]Fox]

I.e. a person who is wholly reliant on their car for work will be disproportionately affected by a driving ban than someone who only uses his car at the weekends to hoon around.

It was their choice to chose a job which requires the use of a car.

The current situation is ridiculous, take two car enthusiasts. Both love their cars, both would be devastated by a ban. One works in an office, the other decided to take a job as a field engineer.

Both do 100mph, but only one gets his hobby taken from him. Pathetic.

If you dont want to be caused loss of job by speeding then either:

a) Dont chose a job whereby you need a car
b) Don't... speed excessively

 

[Defcon5]

Much like a millionaire wouldn't even notice a £1,000 fine but someone on minimum wage would take them a year to pay it back.

Fines are means tested now. (Its about road safety, not cash generation, honest!)

 

[Rich_L]

It was their choice to chose a job which requires the use of a car.

Didn't know there were that many jobs round your way that you could just pick and choose ones that require cars and ones that don't, Plymouth wasn't a hotbed of employment when I left there

Most of the time, in my experience, your employer chooses you, rather than the other way round

But, as I said, I don't deny that driving around at 'potential loss of licence' speeds is the greatest idea if you need your car for work!! The principle of proportionality of sentencing is sound though.

Fines are means tested now. (Its about road safety, not cash generation, honest!)

Good!

 

[[TW]Fox]

You know what my point is

No wonder Motorways are full of reps doing 120mph, they are virtually immune from driving bans.

 

[Werewolf]

This drives me insane - get nicked, get banned. End of. None of this crap 'Well I'm a printer fixer with a van I'll lose my job', why should they be allowed to continue to enjoy driving whilst a guy who works in an office gets his enjoyment taken from him just due to career choice?

It's pathetic. If you rely on your license for your job, be more careful.

And no, thats not holier than thou, I've had points before as well

Because the law allows for the fact that the punishment shouldn't have a massive affect on the family of the offender, or be out of proportion to the actual crime (it's the same reason for a lot of fines it's worked out as a multiple of the weekly wage, rather than a fixed amount*).

Basically if person A might only be mildly inconvenienced by a ban, but person B would lose their job and have major knockon affects to the family then the judge has to take that into account.

However, the same "extenuating circumstances" can only ever be used once - and if you get caught again they do look at the record and you're totally screwed.
It's also worth noting that "extenuating circumstances" don't automatically work, the judge will often look at how the ban would affect those other than the defendant (IE the judge might not allow them if you're the only one affected by the ban, but if it meant your children would really be badly affected that will have more of an affect on the decision).


*Someone making £1000 a week might not even notice a £300 fine, but someone on £300 would, and its the reason they moved mobile phones from a pure fine (that many people were willing to pay repeatedly), to points (which have a real affect regardless of how much you earn).

 

[chaparral]

I would suspect 28 day ban and a fine so I suggest your son does not take any more holiday allowance just now...

Your guessing only a 28 day Ban for 40mph over

I wish are courts in guernsey were that easy on speeders..(I had 6 month ban plus £250 fine for doing 74 in a 35)
Anything over 15mph above the limit is a ban here

 

[Defcon5]

Your guessing only a 28 day Ban for 40mph over

I wish are courts in guernsey were that easy on speeders..(I had 6 month ban plus £250 fine for doing 74 in a 35)
Anything over 15mph above the limit is a ban here

Yes but you were doing more than twice the limit!

 

[Scania]

Your guessing only a 28 day Ban for 40mph over

I wish are courts in guernsey were that easy on speeders..(I had 6 month ban plus £250 fine for doing 74 in a 35)
Anything over 15mph above the limit is a ban here

I assume 35 limits are something specific to the Channel Islands?

 

[Defcon5]

I assume 35 limits are something specific to the Channel Islands?

i think thats the max limit on all their roads?

 

[chaparral]

I assume 35 limits are something specific to the Channel Islands?

Yes.....35 max in guernsey and i think it's 40 max in jersey..

 

[LoadsaMoney]

Bit harsh, how far away was the fire, and did he have his blues and two's on.





Seriously though, be a ban id have thought, with a bit of luck.

 

[Housey]

Your guessing only a 28 day Ban for 40mph over

Nope not a guess as a friend was done recently at a little more and he got 28 days but as I have said it might be 3 months or no ban at all, it all depends on the lottery that is British motoring justice.

 

[jaybee]

I sneeze and I am doing 120mph. I have no idea what car the OP's son drives but people should not forget that though we all know its wrong to speed we all do it and though 100mph plus may seem a lot, for it is, getting there in a fast car is a work of a second where as to many it might be the work of 2 miles, a hill and a deep breath. Of course it does not make it right but in some cars it can be very easy to hit 3 figures which of course means all the more will power is needed..

I agree. I could get banned most days by one poor lapse of concentration not spotting plod at over a ton. Almost every car I've ever owned could do a ton plus, not to say it is right, just so easy. It sometimes can be hard to discipline oneself when your bike can do 100mph in second gear as well.

 

[Fr0dders]

Anyone know. If you get a ban, say 2 months. Can / do you also pick up 6 points as well. i ask this because if he then picked up 3 points in 2 years time he would get banned again on the tottin up to 12 points rule.

Ok time to clear up some of the grey areas in this thread. I got caught at 107mph on the M1. This was at just before midnight on a downhill stretch of an empty motorway, i pleaded to the magistrates that the copper commented to me that by time i passed him, i was doing normal speed again. It was pitch black (unlit stretch) and he was parked with his lights so i couldnt have seen him. the CPS person confirmed this. I then explained that going down hill, i was in a rush to get home, and due to the motorway being emptry and down hill, got carried away and didnt notice my speed.

They took this, thanked me for being A) honest and owning up and B) for turning up and having the foresight to arrive by train (i knew what was comming)

Now, first things first, what to expect. The magistrate has two options open to them. Points or a ban. For a purely speeding offence, they can give you a short term ban which is between 14 and 56 days ( cant be more than 56 for this offence) and a fine which is means tested. If you've got a family to look after this also gets taken into account. If your a single lad on your own earning bucketloads then obviously the fine is a lot more. But equally if you earn minimum wage they wont fine him a grand.

The other choice is to give a number of points, and a larger fine. This is usually around 6 points for this type of offence. The only way you could have points AND a ban is if they gave you enough points for a ban under the totting up rule. If they give your son 9 points, then he can get banned under the totting up rule, and have points.

Except that a ban under the totting up rule is a different kettle of fish. If your banned under the toting up rules, or for dangerous driving, or for drink driving etc.. its long term ban of minimum 6 months. You lose your license and have to re-apply for it. Magistrates can order a re-test at this point if they so wish.

First thing to check is what he's been summoned for. If its for considering of speeding, he'll be fine.

If he's got a clean license and needs his job, expect 6 points a couple of hundread quid fine. With you son having 3 points, its a bit of a grey area. He's not quite the habitual speeder but equally he's no angel either. This is very much going to depend on how kind the magistrate is. I cant honestly tell you how they will feel, but it will most likely be 6 points + large fine if they like him, or a ban of 28 days or so if they dont. Cant guess which, but make sure he does his best to make them like him.

Crucial thing is this 1) plead guilty, automatic 30% reduction in fine for this. 2) turn up on time and smartly dressed. Rehearse what to say and sound intelligent and remorsefull. 3) there are no duty solicitors available for this type of offence. If you want one you have to pay for one off your own back. But this can backfire on you if the solicitor cant get you off. If he cant, it will look like your worming your way out of it, and they'll throw the book at you (and you loose you 30% reduction in fine) - not worth it imho.

Any questions (ive been through all this before) drop me an e-mail to the address in my contact information.

 

[Fr0dders]

Your guessing only a 28 day Ban for 40mph over

I wish are courts in guernsey were that easy on speeders..(I had 6 month ban plus £250 fine for doing 74 in a 35)
Anything over 15mph above the limit is a ban here

depends on the offence

25mph over the limit triggers the referal to the magistrate. The magistrate then has the powers to choose if its ban or points and large fine.

Now, the grey area will come around the 40 mph over the limit mark, as this is the point the officer may request you be put before the court for consideration of the offence of dangerous driving.

Dangerous driving carries a long term ban of minimum 6 months. If they put you forward for speeding only (depends on what side out the copper is really at 40mph over the limit) then the max they can ban you for is 56 days.

108mph = ban iirc.

you recall wrong. At 25mph over the limit you get referred to the magistrate, who can pretty much do what he wants. Hence why some old dear who was arrested for doing 20mph on the motorway was put before the court, but they only gave her the minimum ban the rules allow - 14 days.

. Will he be offered option of 6 points or ban. .

No the court will decide and dish it out. If you're unlucky and get a magistrate who doesnt think your need is great enough, or the wrong side out - they'll give him a ban. If they do like him, they can given him points. But they dont give you a choice.

 

[jaybee]

Good advice that.