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Over 100mph on the M1
PW_Herman
post Thu, 12 Jul 2018 - 15:36
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Hi all

New to the forum, as you can guess from the title, I am being prosecuted for doing 107mph on the m1 and want to know whether to plead by post, appear in person, or contest it

Some details:

Date of offence: 11th Jan 2018
Date of NIP: 13th Feb
Time of day: Midnight
Speed: 107
Limit: 70
Road condition: Clear and empty motorway`(Wakefield)
Type of camera: Fixed - smart motorway
Car ownership: Hire car through work
Date of court letter: 5th July 2018
Current points: Zero
Previous motoring offences: Zero
Date license held since: 2004

No excuses it's not big etc, but I'd been working away for 2 day/nights and just wanted to get home. Had driven from Bristol and was nearly home in Leeds when I got snapped.

Thanks


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post Thu, 12 Jul 2018 - 15:36
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thisisntme
post Thu, 12 Jul 2018 - 15:53
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Usual advice here is to plead guilty by post, but they will be very likely to move it to regular court if being heard by Single Justice/Judge Court to consider a ban.


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NewJudge
post Thu, 12 Jul 2018 - 15:54
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Your case will almost certainly be dealt with under the "Single Justice" procedure and if you want to attend court you must ask for a full court hearing.

Speeding sentences are quite prescriptive. Assuming you plead guilty you face a fine of a week's net income, a surcharge of 10% of the fine (Min £30, Max £170) and £85 costs. You will also receive either a short ban (up to 56 days) or six points. The likelihood is six points. However, in some areas a Single Justice will not disqualify you in your absence and instead will transfer your matter to a full court hearing. Attending a full hearing will not cost you any more (except your bus fare - you should not drive in case you are disqualified as any ban begins immediately). But it is unlikely to have any influence on the sentence either way.
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Jlc
post Thu, 12 Jul 2018 - 15:57
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A short ban is the possible outcome - this may require attendance. (Some courts may use new method of banning without attendance). Doing a ton isn’t the ‘instant ban’ it used to be but be prepared for a ban.

Otherwise it’s 6 points, fine around 1 week’s relevant earnings, costs of £85 and surcharge of 10% of the fine (min £30).

Not sure how you would contest?

This post has been edited by Jlc: Thu, 12 Jul 2018 - 15:58


--------------------
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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cp8759
post Thu, 12 Jul 2018 - 20:28
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From what you've said I don't see what you would contest, you seem to agree you were speeding. Pleading guilty would be the best option, as you usually get one third off the fine for an early guilty plea.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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PW_Herman
post Fri, 13 Jul 2018 - 08:49
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Thanks all for the help so far, glad I joined!

In response to NewJudge and Thisisntme; Yes the letter I received is headed Single Justice Procedure.

I've been asked to disclose my earnings and expenses when returning my plea (if I plead)

RE cp8759, not sure I was ever going to contest it, just put the details up there in case anything looked off
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Redivi
post Fri, 13 Jul 2018 - 08:54
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Were you stopped at the time and warned you would be prosecuted ?
Is the car registered in your name ?

According to the dates you've provided, the NIP was served outside the 14 days deadline
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Jlc
post Fri, 13 Jul 2018 - 08:55
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QUOTE (Redivi @ Fri, 13 Jul 2018 - 09:54) *
According to the dates you've provided, the NIP was served outside the 14 days deadline

It was a hire car so the notices will have been around the houses a bit first.


--------------------
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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PW_Herman
post Fri, 13 Jul 2018 - 13:27
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Thanks Redivi, No I wasn't stopped, just flashed

The car was through our fleet company Arval and came from my local Enterprise depot, so assume that's why it took a month to get the NIP through the door
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