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97 in a temporary 50 zone on dual carriageway
Ta123
post Mon, 5 Mar 2018 - 22:37
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Was caught doing 97 on a stretch of dual carriageway which was a temporary 50 zone. NO roadworks or hazards present just a temporary 50 sign.

Pulled over by unmarked cop.

Already have an SP30 , 3 Points.

What can I expect?
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post Mon, 5 Mar 2018 - 22:37
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Artesia
post Tue, 6 Mar 2018 - 06:50
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You were going too fast for fixed penalty and speed awareness course

You will get 6 points or a ban of 56 days

Fine of 150% weekly earnings, discount if you plead guilty (33%)
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Jlc
post Tue, 6 Mar 2018 - 07:36
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Ban is more likely up to 56 days but I would expect something close to that as off the sentencing scale.

Plus costs £85 and surcharge of 10% of the fine (min £30).


--------------------
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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NewJudge
post Tue, 6 Mar 2018 - 08:54
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QUOTE (Jlc @ Tue, 6 Mar 2018 - 07:36) *
Ban is more likely up to 56 days but I would expect something close to that as off the sentencing scale.


The new sentencing guidelines (April 17) actually have no upper limit. The top band for a 50mph limit covers 76mph and above.

You are well into ban territory and should not be surprised at a 56 day ban. The court can actually impose a longer ban than that and since you were travelling at almost double the limit that may be a consideration.

If you are very lucky you may meet a Bench who would prefer to see you sitting on nine points (depending on how long your first three points have to run). But that is very unlikely and I wouldn't rely on it.
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Jlc
post Tue, 6 Mar 2018 - 09:47
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QUOTE (NewJudge @ Tue, 6 Mar 2018 - 08:54) *
The new sentencing guidelines (April 17) actually have no upper limit. The top band for a 50mph limit covers 76mph and above.

Fair point:

QUOTE
Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days.


QUOTE (Ta123 @ Mon, 5 Mar 2018 - 22:37) *
NO roadworks or hazards present just a temporary 50 sign.

Be careful with this - as this does not mitigate. Indeed, you can easily aggravate if you give the impression that you think it's fine to speed in such circumstances.


--------------------
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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The Rookie
post Tue, 6 Mar 2018 - 11:27
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QUOTE (Ta123 @ Mon, 5 Mar 2018 - 23:37) *
NO roadworks or hazards present just a temporary 50 sign.

This is a common mistake to make, for example work can be being done off the side or underneath which requires a lower limit for worker safety, a driver won't necessarily be aware of why its a lower limit. Add in the fact you weren't doing 70 but nearly 50% faster than any UK limit and I wouldn't even think of mentioning this in court.

If this happened in England or Wales the first you are likely to get is a 'Single Justice Procedure Notice', as a ban is almost certain to be considered the single justice will send the case to the regular Magistrates court where you will be required to attend. If the sentence includes a disqualification (Ban) its immediate so don't expect to drive home, its also why you are required to attend, so you don't inadvertently drive while disqualified.


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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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notmeatloaf
post Tue, 6 Mar 2018 - 11:28
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I guess the important thing is how old your 3 points are and what you would prefer, the certainty of a ban or driving around like a nun until the points come off otherwise risking a six month ban.

Points are unlikely although as has been said it may be possible to persuade the bench that it will be a better lesson for you.

It may also be worthwhile running dummy insurance quotes. Obviously there will be a big rise but possibly less than a ban.

Obviously stick to limits in the meantime as another slip up before court and you are definitely into six month ban territory.
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