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Marie27
Hi,

I have been driving for a little under two years. On 16.11.16 I was caught by the police using a speed gun doing 42mph in a 30mph zone. I was stopped at the side of the road and got a bit of a telling off by the policeman, given a bit of paper and told I may be offered the choice of the speed awareness course and no points on my licence, or I might not and may receive points automatically. Not that it's a defence but I genuinely thought it was a 40mph limit but clearly I was wrong.

The policeman said if I had been travelling at 1mph more than I actually was, then I wouldn't be offered the course due to the amount of excess speed I was doing (or something like that). But he did say he couldn't promise I would be offered the course as I was right on the threshold of being able to be offered it.

I know a new driver will get their licence revoked if they accumulate 6 or more points in the first two years after passing their test. If I didn't get offered the course will the most points I receive only be 3? I'm very worried I will lose my licence and my job as a result 😣

Thanks
fedup2
It will be no more than 3 points.
Marie27
Are you sure?
andy_foster
No he just made a wild guess.
Marie27
There's no need for sarcasm thank you
Marie27
I've been so incredibly stressed that I'm not going to be able to be offered this course or that I will get 6+ points on my licence due to this (meaning I will lose my licence and my job). I just want to know what will happen. When do you think I should hear about it?
southpaw82
You've been told - three points at worst.
Marie27
Is there some kind of points system I'm unaware of? How do you know it should only be 3 points?
southpaw82
42 in a 30 will normally result in a course, which are offered in the range of 110% of the limit + 9mph.

If for any reason a course isn't offered the speed is eligible for a fixed penalty. The penalty is fixed at 3 points and £100.

Only if you were to end up in court would you be looking at any more points and even then it would be 4 (3 if you're halfway persuasive).

There is a points system, I have no idea how aware of it you are.
Marie27
Thank you very much for your reply.

I have done a few different online calculators and some of them tell me I am looking at 6 points (which will mean I lose my licence) and then others tell me I will be offered the course or 3 points so I've been incredibly stressed
Jlc
The Magistrate's sentencing guidelines gives the usual range of points for given limits and excesses. But as noted this is course territory or a fixed penalty, which is fixed by name and nature.

However, as a new driver you do need to be aware of limits. It's quite common for people to be on a restricted road which is 30mph. This is denoted by a system of street lighting unless there are signs to the contrary.

QUOTE (Marie27 @ Sat, 19 Nov 2016 - 19:14) *
I have done a few different online calculators and some of them tell me I am looking at 6 points (which will mean I lose my licence) and then others tell me I will be offered the course or 3 points so I've been incredibly stressed

This calc is correct: (other than a fixed penalty is now £100)



As an aside, if you thought it was a 40 why were you doing 42? (Which was probably nearer 45 on your speedo)
southpaw82
QUOTE (Marie27 @ Sat, 19 Nov 2016 - 19:14) *
Thank you very much for your reply.

I have done a few different online calculators and some of them tell me I am looking at 6 points (which will mean I lose my licence) and then others tell me I will be offered the course or 3 points so I've been incredibly stressed

You (or they) may be reading the sentencing guidelines incorrectly, which say 4-6 points. 42 in a 30 is at the lower end of the band, so would be 4.
Marie27
I do know the street light rule. I just stupidly didn't pay attention at the time. Honestly I have been so worked up the past few days due to this. I can't sleep properly and haven't been eating much. I just think I'm going to lose my job because I'm going to lose my licence 😔😔😔

It was in an area which is directly off of a roundabout as you come off of a very busy A road (A34 if that helps at all). I had been doing 70 on the A34 and then obviously slowed down to come off and go round the roundabout and as I came into the area which I thought was 40mph I guess I was still slowing down to 40mph which is why they clocked me at 42mph. I don't know if it's relevant at all, but it was 11pm at night and the roads were all very quiet. I guess I was a little complacent
southpaw82
Well, you're not, so chillax.
Marie27
Thank you for your reassurance. I just want to know what I'm looking at so I can stop stressing!
Marie27
I won't be so complacent in future, that's for sure 😬
NewJudge
QUOTE (Marie27 @ Sat, 19 Nov 2016 - 19:14) *
I have done a few different online calculators and some of them tell me I am looking at 6 points (which will mean I lose my licence)


They would not have been provided by "Motoring Lawyers" by any chance, would they?
Marie27
Hello,

I was caught speeding on 16th November doing 42mph in 30mph zone. I got caught by a policeman with a speed gun and pulled over, had my details taken and given a yellow bit of paper titled "Traffic Offence Report" and told I would be sent details of whether they would offer me a course or points.

Tomorrow will be 28th November and I still haven't heard anything from them. I spoke to one of my neighbours who is a policeman who said I *have* to receive communication within 14 days. On 1st December it will have been 14 days so if I haven't received anything by then have I somehow gotten away with it?
SatNavSam
I doubt it.
southpaw82
You have to receive a notice of intended prosecution within 14 days of the offence. Since you were stopped at the time, you will have been warned, verbally or in writing, then, so the 14 day rule has been complied with.
peterguk
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