Speeding at 110mph on motorbike. Options

[bluesome]

Hello, I need some advice.

Myself and a friend were riding along the A64 towards Scarborough tonight, we entered the section of dual carriageway over Whitwell hill and we were doing about 90 when I noticed a BMW behind me, it was night so all I could see was the the BMW angel eye headlights behind me in my mirrors so I wasnt aware it was a police car. The car was right on my tail and I felt pretty intimidated to be honest and on the single carriageway section towards Malton Bypass I overtook a van so it would be stuck and get off my rear but it overtook too and again was right on my tail so as the road opened again to dual carriageway I booted it to get so distance and the pulled to the N/S lane to let it past at this point the car overtook and I saw the battenburg markings, my mate was some way ahead. The Police car then chased my friend and the blue lights came on.

We pulled in and the copper told us to get in his car and he cautioned us and then told us he is issuing a NIP and we are to go to court to find out our fate.

I am a lorry driver and my licence is absolutely essential for me to be able to work, I already have 3 points for speeding (May this year) (68 in a 60) and sat a speed awareness course for a camera flash at 47 in a 40 in the truck in October time 2016. I'm not sure a claim of hardship will wash as I have no kids, no partner and live with my dad paying rent for a room.

I really need to know what I should do about this. I understand I shouldn't have been speeding but I'm in this situation now and need to do anything I can to save my driving licence.

Thank you in advance.

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[NewJudge]

As the case is going to court in any case I don't see that the OP is going to be disadvantaged by exploring the possibility of mounting such a defence.

Assuming you mean a defence against the allegation as a whole and not just a dispute over the alleged speed, in the event of a conviction he'd be disadvantaged to the tune of about an extra £535 (costs) and an extra 50% on the fine and surcharge (discount for a guilty plea).

[southpaw82]

As the case is going to court in any case I don't see that the OP is going to be disadvantaged by exploring the possibility of mounting such a defence.

Assuming you mean a defence against the allegation as a whole and not just a dispute over the alleged speed, in the event of a conviction he'd be disadvantaged to the tune of about an extra £535 (costs) and an extra 50% on the fine and surcharge (discount for a guilty plea).

I suspect Irksome is hoping the notes would be disclosed in advance of having to enter a plea. Whether they would form part of the initial disclosed is anyone's guess.

[bluesome]

As it is I do not have the sort of money to risk fighting this as even though the officer's statement could be somewhat discredited the video would be damning no matter what I think as to the tactics used to video It, I can't apply for work as a lorry driver at the moment as a potential ban would see me back on the scrap heap.

The "man" has me cornered and I think it would be prudent to take the punch on the chin and drive very carefully as much as I would love to destroy the case and leave unscathed the likelihood is too scant to really risk it.

Thanks

[innocentdevil]

I know of a friend who was last year caught by a mobile speed camera van near York doing 125 in a 70MPH.
He was summoned to court which he attended.

He came back out with 42 Days Ban and £250 Fine.
Good Luck

[bluesome]

Hello,

My previous thread is unavailable as far as I can see, I wanted to ask questions about the court hearing I will be attending on May 11th. I intend to plead guilty but I am in a corner. 6 points would put me up to 9 points and render me unemployable even as an agency driver as I currently work (I lost my full time artic lorry job when I disclosed that I may be banned or be left with 9 points, 9 points would be beyond their insurance and they were not willing to cover me with a relief driver for a 56 day ban).

As it stands at the moment I feel that I need as short a ban as possible as points would be the only sticking point but how would I be able to swerve the Magistrate towards a ban with as short a period as possible rather than points without looking like I'm trying to tell them how to do their job and appearing disrespectful of the court. 2 - 3 weeks would be (barely) manageable but 6 weeks would cause me problems as I would have no means to work without my licence.

I do not intend to cause them any problems, I will plead guilty and my employer (Temp Agency Franchise Owner) is willing to write a character statement.

If my previous thread cannot be added to this post let me know and I'll add the particulars.

Thanks in advance.

[The Rookie]

Still there
http://forums.pepipoo.com/index.php?showtopic=115671&hl=

I think a ban is odds on to be honest.

Something like “I fully expect to be banned for speed I was doing, that the speed was irresponsible and that a ban is the only sensible punishment”.

[Logician]

I would be quite open about it, along the lines of "I realise my speed was grossly excessive and you will be considering disqualifying me today, I ask you to make the period as short as you feel able because as a professional driver I shall be unable to work for that time. As I am a professional driver, I respectively request that you do disqualify me and not give me what I understand might be the alternative of six points. As I have three points currently, a further six would put me on nine points, and that would make me unemployable because it would be beyond the number that a commercial insurer would accept."

You might feel it appropriate to add something like "This incident has really brought home to me the importance of my licence to me, and I am determined that I will never again put my livelihood at risk by driving so irresponsibly as I did on this occasion"

[bluesome]

I would be happy to give a blow by blow of the Court hearing and how it was held if it may be of some help to others as to what to expect in court afterward. I have a feeling I will have some time on my hands to write such a thing.

[notmeatloaf]

Have you checked that they would still employ you with a ban? It would still need to be disclosed as it will be on your DVLA electronic record for four years.

At least with car insurance insurers seem to view a ban as less favourable compared to points.

This post has been edited by notmeatloaf: Sun, 22 Apr 2018 - 13:49

[bluesome]

I've had one firm I was placed at say that once the outcome is known I'd be able to apply, but they are unwilling to unless they know what I will be slapped with, I assume that if it turns out to be points they'd finish me and they don't want to be covering a ban. Looking at insurance the quotes are somehow cheaper than I am currently paying...go figure... The Agency say that most firms won't take people with more than 6 points unless their arm is heavily twisted but points seem to be all haulage firms seem to care about. a ban would mean that once spent I won't have any more points and that would be fine as long as I can keep it under 3 weeks as I won't be able to keep myself covered financially much longer than that.

[NewJudge]

...a ban would mean that once spent I won't have any more points and that would be fine as long as I can keep it under 3 weeks as I won't be able to keep myself covered financially much longer than that.

But a ban (or more properly the conviction that led to it) is not "spent" as soon as it is completed. Just as a conviction which attracted points stays on your driving record for four years (with the points being active for totting up purposes for three) so does a conviction which attracted a ban - however short the ban was. I would be very surprised if an employer (or their insurers) considered that a conviction that was dealt with by, say, a two week ban, was no longer relevant once the two weeks had been served.

[notmeatloaf]

I should just add (for clarity) you will still have the 3 points even after a ban. It's a totting ban which effectively wipes the slate clean.

Also the sentencing guidelines are to disqualify for 7-28 days for up to 100 and for 101 and over either 6pts or disqualify for 7-56 days. As you were well above 101 you would be lucky to only get 21 days.

It could be worthwhile looking at a different, non-driving job if your finances are precarious because you would be taking a big risk that the court will give you a convenient sentence for you.

[The Rookie]

Also the sentencing guidelines are to disqualify for 7-28 days for up to 100 and for 101 and over either 6pts or disqualify for 7-56 days.

Actually the guidance is Disqualify 7 – 56 days OR 6 points, psychologically the inference is the ban should be considered first not points, it was reversed in the last change of guidelines as I recall.