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Have speeding punishments increased?, Mags wanted to ban for 53mph in a 30mph!
Juan Carr
post Mon, 27 Jan 2020 - 11:21
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Not me (thankfully) but the daughter of a friend.

She got nabbed doing 53mph in a 30mph limit. Fair cop, she was late for work.

She turned up in court on Friday and the mags were all set to ban her for 53 days! In the end, after much pleading from her mum (who works away a lot of the time so couldn't drive her to work) they relented and dished out 6 points and a £474 fine.

First ever offence so clean licence, she's 27, been driving since she was 19.

Is a ban for 53 in a 30 disproportionate or commonplace?
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post Mon, 27 Jan 2020 - 11:21
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The Rookie
post Mon, 27 Jan 2020 - 15:21
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The sentencing guidelines do start with a period of disqualification OR penalty points.

That said it does seem a bit harsh, especially when some forces offer a fixed penalty for up to 55mph.

Assuming it was England or Wales of course.


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Fredd
post Mon, 27 Jan 2020 - 16:09
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We also have no information about the circumstances, location, traffic, weather, attitude, local sensitivities, ...

These unusual sentencing episodes rarely turn out to actually be as simple as first reported.


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Juan Carr
post Mon, 27 Jan 2020 - 16:19
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QUOTE (Fredd @ Mon, 27 Jan 2020 - 16:09) *
We also have no information about the circumstances, location, traffic, weather, attitude, local sensitivities, ...

These unusual sentencing episodes rarely turn out to actually be as simple as first reported.


Google Maps location is on this road

https://www.google.co.uk/maps/@51.510073,-2...3312!8i6656

8.20a.m in May in sunshine, it's only lorries that typically use this road (no houses anywhere, it's a road through an industrial estate)......and she was apparently as nervous as a kitten so I doubt she gave the mags attitude.
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NewJudge
post Mon, 27 Jan 2020 - 19:36
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Fifty-three days is an extremely odd amount of time to consider for a ban.

That said, a disqualification for that speed would be unusual but not unheard of. The top band of seriousness begins at 51mph and the guideline sentence is a ban of between 7 and 56 days or six points. The wording of that sentence was reversed a couple of years ago. It used to be "six points or a ban.." so the intention is to steer sentencers towards a ban as the first consideration. However, six pints would be far and away the most usual disposal.
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PASTMYBEST
post Mon, 27 Jan 2020 - 23:02
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QUOTE (NewJudge @ Mon, 27 Jan 2020 - 19:36) *
Fifty-three days is an extremely odd amount of time to consider for a ban.

That said, a disqualification for that speed would be unusual but not unheard of. The top band of seriousness begins at 51mph and the guideline sentence is a ban of between 7 and 56 days or six points. The wording of that sentence was reversed a couple of years ago. It used to be "six points or a ban.." so the intention is to steer sentencers towards a ban as the first consideration. However, six pints would be far and away the most usual disposal.



QUOTE
six pints would be far and away the most usual disposal.


that would be fun rolleyes.gif


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jdh
post Tue, 28 Jan 2020 - 14:28
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QUOTE (NewJudge @ Mon, 27 Jan 2020 - 19:36) *
Fifty-three days is an extremely odd amount of time to consider for a ban.
The 3 key is next to the 6 key on a numeric keypad, I'm guessing it was a fat fingered 56.
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The Rookie
post Tue, 28 Jan 2020 - 15:05
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In which case I wonder if the defendant misheard them reading out the guidance as being the sentence.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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Ocelot
post Tue, 28 Jan 2020 - 17:22
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QUOTE (PASTMYBEST @ Mon, 27 Jan 2020 - 23:02) *
QUOTE (NewJudge @ Mon, 27 Jan 2020 - 19:36) *
Fifty-three days is an extremely odd amount of time to consider for a ban.

That said, a disqualification for that speed would be unusual but not unheard of. The top band of seriousness begins at 51mph and the guideline sentence is a ban of between 7 and 56 days or six points. The wording of that sentence was reversed a couple of years ago. It used to be "six points or a ban.." so the intention is to steer sentencers towards a ban as the first consideration. However, six pints would be far and away the most usual disposal.



QUOTE
six pints would be far and away the most usual disposal.


that would be fun rolleyes.gif


We'd all speed more if that was the penalty! wink.gif
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Juan Carr
post Tue, 28 Jan 2020 - 17:50
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QUOTE (jdh @ Tue, 28 Jan 2020 - 14:28) *
QUOTE (NewJudge @ Mon, 27 Jan 2020 - 19:36) *
Fifty-three days is an extremely odd amount of time to consider for a ban.
The 3 key is next to the 6 key on a numeric keypad, I'm guessing it was a fat fingered 56.


No, the mags actually said they were considering banning her for as many days as her recorded speed, i.e 53.

I also thought 53 days an odd amount.

Sidenote: they also asked her about hardship if a ban was handed down and she answered them........apparently the youngest of the three (female) mags enquired "well don't you have any annual leave you can take?"

Erm, yes but not 53 days.

Does make you wonder what sorts they're recruiting as JPs does it not?
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Incandescent
post Tue, 28 Jan 2020 - 22:14
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Clearly the "hanging judge" has not yet gone away !
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Fredd
post Wed, 29 Jan 2020 - 06:56
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QUOTE (Juan Carr @ Tue, 28 Jan 2020 - 17:50) *
Does make you wonder what sorts they're recruiting as JPs does it not?

It does make me wonder how accurate this account is.


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Tartarus
post Wed, 29 Jan 2020 - 13:29
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QUOTE (Juan Carr @ Tue, 28 Jan 2020 - 17:50) *
Sidenote: they also asked her about hardship if a ban was handed down and she answered them........apparently the youngest of the three (female) mags enquired "well don't you have any annual leave you can take?"

Erm, yes but not 53 days.

It wouldn't be 53 days leave, more like around 37 but the point is still relevant. Not even my missus who works in public sector gets as much as that!
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Earl Purple
post Mon, 3 Feb 2020 - 09:47
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So ban her 23 days, one for each mph over the limit.

I'd be interested to know whether it was a clear road or she was overtaking a load of cars and lorries down the middle, and how she got caught.

Weird that that is where the A403 is. All the other A40x roads are in or close to London. Sabre would have picked up on that one. That's a site I used to visit about 15 years ago that were very keen on road numbering.


This post has been edited by Earl Purple: Mon, 3 Feb 2020 - 09:50
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jdh
post Mon, 3 Feb 2020 - 12:09
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QUOTE (Earl Purple @ Mon, 3 Feb 2020 - 09:47) *
So ban her 23 days, one for each mph over the limit.

I'd be interested to know whether it was a clear road or she was overtaking a load of cars and lorries down the middle, and how she got caught.

Weird that that is where the A403 is. All the other A40x roads are in or close to London. Sabre would have picked up on that one. That's a site I used to visit about 15 years ago that were very keen on road numbering.
Zone 4 https://www.sabre-roads.org.uk/wiki/index.php?title=Zone_4
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