NIP received for 113mph. Will I have to attend court? Options

[settop23]

Hi

I have received a NIP today for an offence of speeding on the motorway. The vehicle which was flashed is not mine but I was driving at the time and have been named by the registered keeper it looks like.

my question is what will happen once they receive my NIP back. As the offence is so serious, how long will it take to be sentenced. Will I have to go to court?

Currently I have 6 points on my license from last year.

I think I will get banned for this, but would like to know if the process will take weeks or months. I don’t really want to attend court but will I have to?

[Advertisement]

[Jlc]

Yes, you will have to attend court.

It will either be a short ban or more likely another 6 points that will trigger a totting ban of 6 months.

You will have the opportunity to submit an Exceptional Hardship plea if you want to try and reduce that.

They have 6 months to commence a prosecution and it can often take that long - just when you think they've forgotten about it.

This post has been edited by Jlc: Wed, 14 Apr 2021 - 17:19

[NewJudge]

The sentencing guidelines suggest a ban of up to 56 days or six points. Magistrates have guidance which suggests that where there is such a choice and points will trigger a totting up ban, then points should be imposed.

Assuming you plead guilty you will also pay a fine of a week's net income, a surcharge of 10% of the fine (minimum £34) and £85 costs.

If you are thinking of making an "Exceptional Hardship" argument you can post your ideas up here for comment.

[settop23]

Hi

Thanks. I thought it may take about 6 months. Once I reply to the NIP stating I was the driver will I then get a SJP or something similar after 6 months.

If I was not to attend court would there be more serious implications? I have accepted that I will get my license revoked and banned for a period of time but do not fancy a day in court. Is it not possible for them to do this in my absence or deal with it by post?

I have also been told my the registered keeper that another ticket from the same date has arrived so I am expecting another NIP but it has not been received yet

This post has been edited by settop23: Wed, 14 Apr 2021 - 18:30

[southpaw82]

The court is reluctant to ban people in absence, as they then don’t know about the ban, which has immediate effect. You could appear via a solicitor but that will cost you. If you’re required to attend but don’t go then ultimately the court can issue a warrant for your arrest.

[Logician]

Assuming the magistrates follow their guidelines and give you 6 points to trigger a totting ban, you do have the opportunity to put forward an argument that it would cause you or others exceptional hardship, that is hardship over and above that which would be caused to the average driver, hardship to others counting rather more. You would have to go to court to do that effectively.
If a NIP arrives for another offence it would be better to try to arrange that to be dealt with in court on the same occasion.
There is no need to fear going to court, no one is going to harangue you.

[mickR]

There is no need to fear going to court, no one is going to harangue you.

No they abolished that in 1969

[settop23]

Thanks for the information. It looks like I will have to prepare for a day in court.

At this stage is it better to wait 3 weeks and reply to the NIP? In case any other NIPs arrive

[Logician]

Thanks for the information. It looks like I will have to prepare for a day in court.

At this stage is it better to wait 3 weeks and reply to the NIP? In case any other NIPs arrive

Yes, good idea, then post them off together.

[The Rookie]

As noted above, unless you have a strong exceptional hardship case you best hope for is a short ban for the single offence (contrary to guidance) than the 6 points, although there is nothing really you can do to influence this.

[settop23]

Hi

thank you again for all your help. The constabulary the nip came from is South Yorkshire police and on the letter it says that images will not be provided at this time. Is there any way of getting them before I respond?

Does anybody know if the M1-4491B j32-j31 southbound camera is rear facing or front?

[The Rookie]

The best ploy is a polite letter asking for 'copies of any photo's to help you confirm the drivers ID' or similar. You are not entitled to see anything at this stage.

What do you hope to achieve by seeing them? Nearly all Motorway cameras are rear facing.

[Jlc]

Does anybody know if the M1-4491B j32-j31 southbound camera is rear facing or front?

Rear facing HADECS3 - here

Not sure where you're heading with this - any pictures are to identify the vehicle and the offence only (and additionally with HADECS3 the prevailing limit - presumably NSL).

[settop23]

Hi

Thank you for that useful information & checking. I just thought waiting for the evidence may enable me to drag the process out a little and give me more time to reply to the NIP

[666]

Hi

Thank you for that useful information & checking. I just thought waiting for the evidence may enable me to drag the process out a little and give me more time to reply to the NIP

No, asking for photos does NOT stop the clock.

[Gerfc1]

If you were the driver, it is better to response to the NIP to say you were the driver, otherwise a serious charge of Preventing the Course of Justice if you lied. Failure to Identify Driver will attract 6 points and insurance do not like having MS90 code. Magistrates will be frown if you refused to reply.


For the 113mph you would face ban in any case. (however you have not told us the speed limit at that time)

113mph in 70mph zone may attract 3 months ban as you said you have 6 penalty points from last year and Magistrates may impose 6 penalty points and you would face 6 months ban under totting up.


However you can put the argument here to given in Court the reasons your ban should be reduced or even to 0 months (unlikely 0 months but it is possible)

You can argue you would favour a short ban instead of totting up as serving ban under totting up will wipe all penalty points but short ban do not. That way you can drive careful after serving the short ban knowing you have 6 penalty points.

Anyway you can put here the Exceptional Hardship if you face the totting up like for work reasons or childcare, anything you need the vehicle for.

It does not cost anything to place these arguments in Court. You can include saying you were ashamed about facing in front of Magistrates and it was a silly moment which you have learnt your lesson.

We can then advise if your arguments are suitable as many times it can be aggravating factors.

[BertB]

If you were the driver, it is better to response to the NIP to say you were the driver, otherwise a serious charge of Preventing the Course of Justice if you lied. Failure to Identify Driver will attract 6 points and insurance do not like having MS90 code. Magistrates will be frown if you refused to reply.


For the 113mph you would face ban in any case. (however you have not told us the speed limit at that time)

113mph in 70mph zone may attract 3 months ban as you said you have 6 penalty points from last year and Magistrates may impose 6 penalty points and you would face 6 months ban under totting up.

Have the pubs reopened in Scotland?