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Caught doing 100pmh, dual carriageway, unmarked police car, first motoring offence
mart321
post Mon, 4 Sep 2017 - 21:30
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Hi, I was caught doing 104 mph by an unmarked police car today, he had me on his video dash cam. He also noted I wasn't indicating and driving too close to other cars (this is not my normal driving style)

This is my first offence, I have never had points on my licence, I have been driving 7 years.

He appeared to write up the offence as driving at 100mph on his statement and said speedometer can sometimes be 1-2 mph out.

I have been told I will be summoned to court. Can anyone tell me if the dashcam footage will be used to support the case against me? As it wasn't my finest hour, it would also show me going above 100mph and not driving particularly well

Am I likely to be banned with it being my first ever motoring offence?

Thanks in advance

This post has been edited by mart321: Mon, 4 Sep 2017 - 21:32
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post Mon, 4 Sep 2017 - 21:30
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Jlc
post Mon, 4 Sep 2017 - 21:39
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Whether it's your first offence or not is irrelevant.

You will be sentenced (assuming you are pleading guilty?) to the normal guidelines. The most likely outcome is 6 points but a short ban is possible.

If a 100 is listed then he's done you a favour. 101 would be the new (harsher) band that made the news earlier this year.

You will see a fine of around 1 week's relevant earnings, discounted by 33% for a guilty plea. Costs of around £85 and a surcharge of 10% of the fine. (Min £30)

It is likely you'll be given the opportunity of a postal plea via Single Justice Procedure- this is worth submitting as they cannot ban via this route but will adjourn and request your presence if they are to consider one.

They have 6 months to prosecute and it often takes this long to hear... there's no reason to show the footage for a guilty plea - you'll simply be sentenced.

This post has been edited by Jlc: Mon, 4 Sep 2017 - 21:42


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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666
post Mon, 4 Sep 2017 - 22:07
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QUOTE (mart321 @ Mon, 4 Sep 2017 - 22:30) *
Hi, I was caught doing 104 mph by an unmarked police car today, he had me on his video dash cam. He also noted I wasn't indicating and driving too close to other cars (this is not my normal driving style)


Did he specifically say you'd be reprted for speeding, and not for any other offence he'd "noted"?
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mart321
post Mon, 4 Sep 2017 - 22:14
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QUOTE (666 @ Mon, 4 Sep 2017 - 23:07) *
QUOTE (mart321 @ Mon, 4 Sep 2017 - 22:30) *
Hi, I was caught doing 104 mph by an unmarked police car today, he had me on his video dash cam. He also noted I wasn't indicating and driving too close to other cars (this is not my normal driving style)


Did he specifically say you'd be reprted for speeding, and not for any other offence he'd "noted"?

Im not sure, when he wrote out the form he only seemed to wrote down the speeding, he didn't wrote down the other things I'm fairly certain of that.

QUOTE (Jlc @ Mon, 4 Sep 2017 - 22:39) *
Whether it's your first offence or not is irrelevant.

You will be sentenced (assuming you are pleading guilty?) to the normal guidelines. The most likely outcome is 6 points but a short ban is possible.

If a 100 is listed then he's done you a favour. 101 would be the new (harsher) band that made the news earlier this year.

You will see a fine of around 1 week's relevant earnings, discounted by 33% for a guilty plea. Costs of around £85 and a surcharge of 10% of the fine. (Min £30)

It is likely you'll be given the opportunity of a postal plea via Single Justice Procedure- this is worth submitting as they cannot ban via this route but will adjourn and request your presence if they are to consider one.

They have 6 months to prosecute and it often takes this long to hear... there's no reason to show the footage for a guilty plea - you'll simply be sentenced.


Postal plea? What's this, they cannot ban via this route? How does that work
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Logician
post Mon, 4 Sep 2017 - 22:48
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A court cannot disqualify you without notifying you that disqualification is to be considered and giving you the chance to attend, you cannot attend a single justice procedure, so if the single justice thinks that disqualification should be considered they will have to adjourn your case to a regular court. They can give you 6 points without adjourning.


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mart321
post Tue, 5 Sep 2017 - 07:27
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QUOTE (Logician @ Mon, 4 Sep 2017 - 23:48) *
A court cannot disqualify you without notifying you that disqualification is to be considered and giving you the chance to attend, you cannot attend a single justice procedure, so if the single justice thinks that disqualification should be considered they will have to adjourn your case to a regular court. They can give you 6 points without adjourning.

Ok thanks for the info. One other thing to note, my license has a previous address on it. Will I be fined for this aswell? I have heard you can be fined up to £1000 for this
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Jlc
post Tue, 5 Sep 2017 - 07:42
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Fix it asap, it won't be an issue here.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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southpaw82
post Tue, 5 Sep 2017 - 11:04
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QUOTE (mart321 @ Tue, 5 Sep 2017 - 08:27) *
QUOTE (Logician @ Mon, 4 Sep 2017 - 23:48) *
A court cannot disqualify you without notifying you that disqualification is to be considered and giving you the chance to attend, you cannot attend a single justice procedure, so if the single justice thinks that disqualification should be considered they will have to adjourn your case to a regular court. They can give you 6 points without adjourning.

Ok thanks for the info. One other thing to note, my license has a previous address on it. Will I be fined for this aswell? I have heard you can be fined up to £1000 for this

The court can't fine you for an offence on its own motion. You would have to be charged with that offence first, which doesn't seem likely to happen.


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mart321
post Tue, 5 Sep 2017 - 11:11
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Thanks for the info. One other question. I have just bought a van and was intending on insuring it this week. Do I just insure and not put this down or am I required to inform them? Is this also the case with current insurance on my car do I need to notify them
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Jlc
post Tue, 5 Sep 2017 - 11:14
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QUOTE (mart321 @ Tue, 5 Sep 2017 - 12:11) *
Do I just insure and not put this down or am I required to inform them?

Depends on what they ask. They will usually ask about pending prosecutions.

QUOTE (mart321 @ Tue, 5 Sep 2017 - 12:11) *
Is this also the case with current insurance on my car do I need to notify them

It depends on your specific terms. Most are at renewal but you may have to advise them when convicted.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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mart321
post Mon, 25 Sep 2017 - 19:14
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Just an update on my speeding case, I have now received a single justice notice in the post and I'm currently in the process of filling on the form online. Can anyone offer me any advise on what I should write in the section "is there anything you would like the court to consider"

is it silly for me to write about my remorse here or to inform them of the fact I will lose my job if I lose my license and my family are financially dependent on me.


I should also add that the charge sheet reads that I was doing 100mph not the 104mph I originally thought I may be charged with.

Would it also be better for me to actually attend the court hearing?

This post has been edited by mart321: Mon, 25 Sep 2017 - 19:16
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AntonyMMM
post Mon, 25 Sep 2017 - 19:45
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You can't attend a Single Justice hearing - they are a conveyor belt system designed to dispense with uncontested cases quickly - as such they will sentence closely in line with the stated guidelines. If they feel a ban is a possibility they will refer the case to court at which your attendance will be required..

A simple guilty plea will probably see 6 points and an income related fine .... a ban is unlikely (over 100 it would have been a real possibility).

There is little you can give in the way of mitigation - given the description of your driving in your first post the officer has done you a real favour - I would keep it to a simple apology for taking up the courts time and maybe that you have learnt from your mistake. Do not under any circumstances try and justify the speed by saying "it was safe", I am a good driver" or "my car is designed for high speed" etc. that never goes down well.
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mart321
post Tue, 24 Oct 2017 - 13:27
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Well I sent my plea off online a couple of weeks ago, pleading guilty. After reading up on here and seeing the comments on my own post I was hoping for 6 points and a fine.
Well, I have just received my court summons for the 1st December for a hearing before a full magistrates court.
Can anyone give some idea of what to expect form this?
Will I have to bring proof of the earnings and expenses I put in my online plea?
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AntonyMMM
post Tue, 24 Oct 2017 - 14:23
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Assuming you didn't put anything in your plea that amounted to a potential defence, and they have accepted your guilty plea, it means that they are considering a ban and giving you the opportunity to make any representations about that.

Doesn't mean you are getting banned - just that it is possible - you get to say whatever you wish about the case to try and get the best sentence for you. Some people would rather be banned for 14-28 days than get the 6 points. What you choose to say depends on your preferred outcome.

You wouldn't normally be asked to prove your earning/expenses (but could be if there is any reason to think you are hiding something)..... go prepared with payslips, bank statements etc if you want to be sure.
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mart321
post Tue, 24 Oct 2017 - 21:36
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QUOTE (AntonyMMM @ Tue, 24 Oct 2017 - 15:23) *
Assuming you didn't put anything in your plea that amounted to a potential defence, and they have accepted your guilty plea, it means that they are considering a ban and giving you the opportunity to make any representations about that.

Doesn't mean you are getting banned - just that it is possible - you get to say whatever you wish about the case to try and get the best sentence for you. Some people would rather be banned for 14-28 days than get the 6 points. What you choose to say depends on your preferred outcome.

You wouldn't normally be asked to prove your earning/expenses (but could be if there is any reason to think you are hiding something)..... go prepared with payslips, bank statements etc if you want to be sure.

Thanks for the reply. What difference would it make insurance wise to have been banned or have 6 points? Which one is the worse really. Would people really rather be banned than have the 6 points
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Jlc
post Tue, 24 Oct 2017 - 21:41
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A ban avoid points which could be an issue for totting. But bans may have more of an insurance impact.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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mart321
post Sun, 26 Nov 2017 - 15:13
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hi , can anyone advise , if im banned will i have to hand my license in immediately and not be able to drive home??
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samthecat
post Sun, 26 Nov 2017 - 15:16
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QUOTE (mart321 @ Sun, 26 Nov 2017 - 15:13) *
hi , can anyone advise , if im banned will i have to hand my license in immediately and not be able to drive home??


Yup, ban is immediate. Don't drive to court if there's a chance of being disqualified.


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mart321
post Fri, 1 Dec 2017 - 17:30
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Hi all just an update. I went to court in my best suit and pleaded as best as I could. I have ended up with a 28 day ban and a weeks wage fine - 25% for pleading guilty. Can anyone advise what happens with my car insurance when I get back on the road??? I still had 4 months insurance on my premium do I lose that and have to start from scratch as a banned driver? I'm hoping not.
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Jlc
post Fri, 1 Dec 2017 - 17:58
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Your no claims is not affected if that’s what you mean.

Check whether you need to notify your insurer now or at renewal.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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