Caught doing 101mph on motorway, pleading guilty by post or in court? Options

[VirtualAlien]

Hi, my girlfriend was followed by an unmarked police car a couple of months back. She's now had the court forms through, and the police recorded her doing 101mph, although his statement says "at times the vehicle went at speeds in excess of 110mph".

First question - what speed is the court likely to fine her for? The recorded speed, or the estimate?

Secondly, is it worth her going to court? Or should she just fill out the forms and plead guilty by post and avoid a hearing?

Lastly, are there any mitigating factors for speeding? We know she's likely to get points or a ban, we don't really mind which as a few weeks ban won't be the end of the world. Would just appreciate any advice to get the best outcome possible.

Thanks.

[Advertisement]

[Logician]

The recorded speed is likely to be used. There is very rarely any mitigation for speeding, so there is little point in asking for an actual court hearing, except if she wants to put it off for some reason, so simply filling in the forms is the best bet. A ban is unlikely, 6 points is the probable outcome.

[VirtualAlien]

The recorded speed is likely to be used. There is very rarely any mitigation for speeding, so there is little point in asking for an actual court hearing, except if she wants to put it off for some reason, so simply filling in the forms is the best bet. A ban is unlikely, 6 points is the probable outcome.

Thanks for the advice. I've seen other posts on here saying about bans being unlikely, but isn't the punishment over 100 supposed to be a short ban? Why is a ban unlikely?

I think it would definitely be easier for her to do it by post, as she's very anxious about a hearing. The only thing I was worried about there was that the magistrates would take a dim view of someone who can't be bothered to turn up to court. But if it makes no difference, the postal route seems way less hassle.

EDIT: Also, is there anything she should put on the forms? Apologise, sees the error in her ways etc?

This post has been edited by VirtualAlien: Fri, 8 Jan 2021 - 09:27

[The Rookie]

but isn't the punishment over 100 supposed to be a short ban?

Short answer is no.

Long answer, here is the actual sentencing council guidelines for "101 and above" in a 70 limit "Disqualify 7 - 56 days OR 6 points" As she is literally right at the bottom of that 'band' (its called a band even though there is no upper limit) then 6 points is obviously more likely, otherwise when would it ever be 6 points?

For info 91-100 in a 70 is "Disqualify 7 - 28 days OR 4 - 6 points".

This post has been edited by The Rookie: Fri, 8 Jan 2021 - 09:40

[Jlc]

I think it would definitely be easier for her to do it by post, as she's very anxious about a hearing.

Worth going postal first. As already noted they are likely to issue 6 points anyway. If they do then 'great'.

If they want to consider a ban then they will revert to a normal court hearing.

[NewJudge]

What she has is almost certainly a "Single Justice Procedure Notice (SJPN). Unless she requests a normal court hearing the matter will be dealt with under the "Single Justice Procedure (SJP)" and the "hearing" will be in an office with a single magistrate (hence the title) sitting together with a Legal Advisor. Nobody else (including your g/f) can attend. The SJ will decide on an appropriate sentence but if a ban is to be considered the matter will be put over for a hearing in the normal Magistrates' Court and your g/f will be given the opportunity to attend. The SJ will not impose a ban in her absence. If, as seems likely, the outcome is six points, she will be informed by letter.

Along with the SJPN she should also have been asked to complete a statement of her means so that the fine can be assessed. She will pay a fine of a week's net income, a Victim Surcharge of 10% of the fine (minimum £34) and £85 costs. The normal practice is to allow 28 days for full payment. If she wants to be allowed to pay in instalments she should mention, in her response, how much each week or month she can afford to pay.

This post has been edited by NewJudge: Fri, 8 Jan 2021 - 10:35

[TMC Towcester]

This relates to a previous thread about a pair of motorcyclists. Doesn't necessarily mean they should be merged though!1

[mickR]

This relates to a previous thread about a pair of motorcyclists. Doesn't necessarily mean they should be merged though!1

Same OP same incident, this however relates specifically to court papers and not the incident.

[TMC Towcester]

This relates to a previous thread about a pair of motorcyclists. Doesn't necessarily mean they should be merged though!1

Same OP same incident, this however relates specifically to court papers and not the incident.

Different rider, more importantly?

[VirtualAlien]

This relates to a previous thread about a pair of motorcyclists. Doesn't necessarily mean they should be merged though!1

Same OP same incident, this however relates specifically to court papers and not the incident.

No this was a separate incident. She was on her own and got caught doing over 100mph.

So is it worth writing much on the form for why she was speeding? Or just apologise, learnt lesson etc? They've probably heard everything before anyway.

[TMC Towcester]

This relates to a previous thread about a pair of motorcyclists. Doesn't necessarily mean they should be merged though!1

Same OP same incident, this however relates specifically to court papers and not the incident.

No this was a separate incident. She was on her own and got caught doing over 100mph.

So is it worth writing much on the form for why she was speeding? Or just apologise, learnt lesson etc? They've probably heard everything before anyway.

The typical advice on here is that it can do more harm than good and thus 'sucking it up' is the best bet.

[NewJudge]

So is it worth writing much on the form for why she was speeding?

Why was she speeding? If you tell us we could tell you whether it's' worth a mention.

[mickR]

This relates to a previous thread about a pair of motorcyclists. Doesn't necessarily mean they should be merged though!1

Same OP same incident, this however relates specifically to court papers and not the incident.

No this was a separate incident. She was on her own and got caught doing over 100mph.

Oh dear did she also get a ticket for the other incident or just you?

[VirtualAlien]

So is it worth writing much on the form for why she was speeding?

Why was she speeding? If you tell us we could tell you whether it's' worth a mention.

No reason, she had a new supersport and was having fun. She didn't realise how fast she was going, so that's definitely not something she should mention?

I'm thinking of saying that it was a new bike to her and she wasn't used to the power, which is the truth. But don't want to say too much in case it makes things worse. But I think on the form it asks quite a few questions, I'll have to have a read.

This relates to a previous thread about a pair of motorcyclists. Doesn't necessarily mean they should be merged though!1

Same OP same incident, this however relates specifically to court papers and not the incident.

No this was a separate incident. She was on her own and got caught doing over 100mph.

Oh dear did she also get a ticket for the other incident or just you?

She's just got it through, an offer of a What's Driving Us course, or a fixed penalty(£88 + 3 points) or a court hearing. Think option 1 is the obvious choice here, just a video call and payment for the course, no points. She's got off lightly there tbh, I thought she'd end up with 9 points for both incidents. Now she'll have 6, and be out of pocket but not the end of the world.

[mickR]

Oh dear did she also get a ticket for the other incident or just you?

She's just got it through, an offer of a What's Driving Us course, or a fixed penalty(£88 + 3 points) or a court hearing. Think option 1 is the obvious choice here, just a video call and payment for the course, no points. She's got off lightly there tbh, I thought she'd end up with 9 points for both incidents. Now she'll have 6, and be out of pocket but not the end of the world.

Ok yes a course is a good outcome for that one, i was wondering about a combination of points/ban for the two incidents

[thisisntme]

Personally, I would advise saying nothing, do via post to get the almost certain 6 points. Saying what you have said here will aggravate, rather than mitigate, I suspect.

This post has been edited by thisisntme: Sat, 9 Jan 2021 - 11:55

[southpaw82]

She's just got it through, an offer of a What's Driving Us course, or a fixed penalty(£88 + 3 points)

The fixed penalty will be £100 and 3 points. The course may well be £88 (but no points).

[VirtualAlien]

Personally, I would advise saying nothing, do via post to get the almost certain 6 points. Saying what you have said here will aggravate, rather than mitigate, I suspect.

Any reason why saying nothing is better than apologising? Saying she has learnt her lesson and will slow down? It's the truth, she's slowed right down as she doesn't want to get in any more trouble.

Also, last question. Her driving licence is registered at her dad's house. However, she's currently staying with me during lockdown, so post would be more convenient to this address. Her dad is elderly and she doesn't want to risk giving him Covid. Would it cause any problems if we told the court the situation? Just don't want her to get a fine for incorrect address, even though she's just staying here temporarily.

Thanks.

She's just got it through, an offer of a What's Driving Us course, or a fixed penalty(£88 + 3 points)

The fixed penalty will be £100 and 3 points. The course may well be £88 (but no points).

Well that's what I thought, but all it mentions on the form is £88. Not that it matters, she'll 100% be doing the course it's a no brainer.

[NewJudge]

She can offer an apology if she wishes. It will make absolutely no difference to the penalty.

The court needs an address where she can be contacted. It's in her own interests to provide one which will work as it will cause aggravation if she is sent correspondence to and address where she may not get it promptly.

This post has been edited by NewJudge: Sat, 9 Jan 2021 - 16:04

[Logician]

No reason, she had a new supersport and was having fun. She didn't realise how fast she was going, so that's definitely not something she should mention?

I'm thinking of saying that it was a new bike to her and she wasn't used to the power, which is the truth. But don't want to say too much in case it makes things worse. But I think on the form it asks quite a few questions, I'll have to have a read.

That is why it is so easy to say something unhelpful, that sounds as though she was out of control and the bike was getting away from her, certainly she was far from being cautious which is the safe thing to be with a new machine.

Many magistrates feel that a short disqualification, which is all it would be, is quickly over and forgotten about whereas points have a longer lasting effect, and as I have said, I think are far more likely anyway, but if you want to say something it would be better to reinforce that idea than try to put forward non-existent mitigation. Something along the lines below would be better:

These proceedings have come as a shock to me and made me re-evaluate my riding, I hope that you will think it appropriate to give me points rather than a disqualification, and I assure you that having points on my licence will be a long-lasting reminder to be careful to observe all the road traffic laws