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67mph in a variable speed limit zone - being taken to court. How in trouble am I?, Speeding
PubLunch
post Tue, 16 Jun 2020 - 13:12
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Hi

Apologies if this has already been asked - I have just received a letter saying due to the speed I was doing, 67mph in a 40mph, I will have to go to court and so now await a summons.

I was on a motorway, coming back from a funeral (the previous day), the usual speed is 70mph however it seems to have been reduced to 40mph. To be honest, I don't recall seeing it. I am aware that is not acceptable and so have no excuse here. I was grieving and not paying attention.

I work as a locum clinical Dietitian and require a clear CRB/DBS to work - I am worried I am in a bit of bother

I am unemployed currently (not claiming). If fines are in the 1000's I have no idea how I could pay it?

In short - how screwed am I here?

This post has been edited by PubLunch: Tue, 16 Jun 2020 - 13:19
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post Tue, 16 Jun 2020 - 13:12
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BaggieBoy
post Tue, 16 Jun 2020 - 13:25
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The next stage will almost certainly be a Single Justice Procedure Notice, to which you can either plead guilty or not guilty by post. If you plead guilty and they decide to dispose of the matter without a court hearing you can expect to get 6 points and a fine of 150% of relevant weekly income (less a 1/3 discount for an early guilty plea. Clearly if your earnings are currently low, then so will be the fine.

QUOTE (PubLunch @ Tue, 16 Jun 2020 - 14:12) *
I work as a locum clinical Dietitian and require a clear CRB/DBS to work - I am worried I am in a bit of bother

Speeding convictions are not recordable and will not affect your CRB status.
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PubLunch
post Tue, 16 Jun 2020 - 13:31
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Hi BaggieBoy - thanks for the fast reply.

The letter says papers have been forwarded to their prosecution team and the matter will now be dealt with by way of a summons and I may need to attend court on the first hearing.

I am unemployed but aim to be back to work as soon as - 150% is a bit of a whack but it's my fault. I accept it. Glad it doesn't affect CRB - that is the biggest relief!

Thanks mate!
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The Rookie
post Tue, 16 Jun 2020 - 14:13
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If you are unemployed they use a nominal salary of £120, so 150% of that will be £180, less a 1/3 discount for a guilty plea and it will be £120. Plus cost and surcharge (£117 combined).
Thousands, no.


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PubLunch
post Sun, 9 Aug 2020 - 16:13
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Hi all.

This incident is still ongoing and my most recent correspondent was that I will be contacted if needed to go to court.
However today I have just embarrassingly discovered my car insurance ran out a few months prior to me getting a ticket. For clarity I was driving my partners car when I was caught speeding. My insurance covered me driving another persons car however whilst I thought my insurance had continued when it was up for renewal because I hadn’t contacted them to cancel it - it turns out it was cancelled. I have since found a letter stating this from my insurance company.

I am fuming with myself for misreading the letter and assuming I was insured. I’d never ever drive knowingly uninsured.
So now my very excessive speeding ticket is one which involves me being uninsured. I am too worried to look up what this means in terms of fines, criminal records or being banned. I have seriously messed up here. So once again - how screwed am am I?

This post has been edited by PubLunch: Sun, 9 Aug 2020 - 16:14
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BaggieBoy
post Sun, 9 Aug 2020 - 16:38
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I doubt the insurance situation will even come to light regarding the speeding, there is no reason for the prosecution to even check. So unless the police pulled you at the time and checked the insurance status, it's almost certainly a non-issue.
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PubLunch
post Tue, 11 Aug 2020 - 11:45
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Once again thank you for the responses. I have received a notification from the DVLA about the car not being insured. It is now SORN.

I have also received a hefty pack from the police with their witness statement asking to provide info etc to the magistrates (defence witness, statement of evidence, how I plead etc) so the feeling is I am being prosecuted. I don’t have a defence. I was attending a funeral, was upset and didn’t respond quick enough to the variable speed limit which had just changed.

Due to the corona pandemic I haven’t been able to find work, I haven’t signed on as I have money which I was saving for a deposit for a house plus I am uncomfortable signing on. The police are asking for details of all income and assets etc. I knew I should have transferred the little I had saved into my dads account!

I’ll keep people updated and if I have any info which can help I’ll certainly share it.

This post has been edited by PubLunch: Tue, 11 Aug 2020 - 11:52
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The Rookie
post Tue, 11 Aug 2020 - 13:11
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I presume 'the police are asking' is actually the courts asking? (though the paperwork is sent by the police). It sounds like you have a 'Single Justice Procedure Notice' which is the modern version of a summons. In which case that IS being prosecuted, not just a feeling.

I you have no income then £120/week will be used, however if you have substantial assets they may base the fine on those if its clear you are living off them.

This post has been edited by The Rookie: Tue, 11 Aug 2020 - 13:12


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PubLunch
post Tue, 11 Aug 2020 - 15:09
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Hi Rookie

Yes indeed I’ve just seen that it is a single justice procedure notice. So off to court I go. Great.

I suppose the money I saved for a deposit to buy a house (under 35,000) will be used to pay the full fine of up to 2500. Kind of seems unfair that I didn’t sign on and do furlough which I was offered by my agency as I didn’t want to burden the state - the money I’d have got would have paid the fine.

I’ve signed on now!

Thanks for all your help as ever.

So people. If you get a band c speeding ticket you certainly can be taken to court. So don’t speed is the moral of the story.
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NewJudge
post Tue, 11 Aug 2020 - 16:16
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QUOTE (PubLunch @ Tue, 11 Aug 2020 - 16:09) *
I suppose the money I saved for a deposit to buy a house (under 35,000) will be used to pay the full fine of up to 2500.

If you plead guilty the most you would pay is £1,667, plus £166 "Victim surcharge" and £85 costs. That will only happen if you have a weekly income of £2,500 or more. Even then it is unlikely as Magistrates have guidance which suggests they should not impose the maximum penalty in normal circumstances.

If you are on benefits your income is assessed at £120pw. This means (again assuming a guilty plea) you will pay a fine of £120, £34 Victim Surcharge and £85 costs, so £239. If you cannot pay it in one go you can ask to pay in instalments and if you are on benefits this could mean as little as £5 per week.

This post has been edited by NewJudge: Tue, 11 Aug 2020 - 16:18
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southpaw82
post Tue, 11 Aug 2020 - 16:34
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QUOTE (PubLunch @ Tue, 11 Aug 2020 - 16:09) *
So people. If you get a band c speeding ticket you certainly can be taken to court.

I’m not sure that was ever in doubt.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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PubLunch
post Tue, 11 Aug 2020 - 17:34
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Southpaw 82: This is true mate. I didn’t realise what a single justice notice was. I do now.

New judge: Thank you for the breakdown. It’s really helpful. I have now signed on though I am actively looking for work. However because of the funds I have in my account I assume the judge will deem me as being able to pay the maximum fine (£2,500 as on a motorway) even if my weekly income is universal credit?

Many thanks

This post has been edited by PubLunch: Tue, 11 Aug 2020 - 17:47
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The Rookie
post Tue, 11 Aug 2020 - 18:02
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Whether you can afford it or not is irrelevant, it’s based on your income or income equivalent.

Savings of £35000 you mention would bring in interest of circa £1000 a year or £20 a week. So not going to affect it.

Sentencing guidelines are there for a reason and not to be ignored.


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PubLunch
post Tue, 11 Aug 2020 - 18:35
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Rookie: Fair enough. I assumed because the single justice procedure notice requires me to declare assets etc meant they would take this into account. I’ll look at these guidelines. Many thanks.

And well done with your victories against private parking companies. I am unfortunately 1 with 1 loss!
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NewJudge
post Tue, 11 Aug 2020 - 19:38
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QUOTE (PubLunch @ Tue, 11 Aug 2020 - 19:35) *
Rookie: Fair enough. I assumed because the single justice procedure notice requires me to declare assets etc meant they would take this into account.

As Rookie has said, i is only your income which is used to calculate the fine. Your assets might come under scrutiny if you said you could not pay immediately. The court would wonder, for example, why you were offering to pay the fine at a fiver a week when you had £10k in the bank.
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