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Scooba
Last night i was stopped by police at 11.57 in which they say i was doing 118. When they pulled me over he told me all the usual legal jargon. During this time he could see that i was really nervous and scared of what he might say (as this would be my first ever offecnce) Im 18 and i pass my test in march 2005 - so 2 years driving is just round the corner.
The police officer seemed like a decent guy, the other guy just sat in the car (i think a newer policeman) What really shocked me was that he began dropping big hints at what i needed to do to try and get out of the worse case senario....he said when the letter comes plead guilty but dont write it back, instead go to court and plead as they will see how upset i am about this, not only this but he said what i do as a job will help (electrician) as i have to drive up to london every day and also have to drive up there at insociable hours such as Saturdays.....therefore no public transport about.
With all this in mind i still feel so sick, im not really some one like these racers that just speed everywhere all the time.....

What do you guys reakon will happen to me and what sort of sentence will i get? sad.gif
Peter_D
So you had a verbal NIP, did you show the officer any ID. Do not build your hopes up as this is a difficult one and they are going to cancel you licence almost for sure. "letter comes plead guilty but dont write it back" I do not know what you mean. ?? Regards Peter
Scooba
yes i had a verbal NIP and no i didnt have any ID on me.
He said in 2 months time when the letter comes, dont write back and plead guilty but instead ask for a court appearance and plead guilty there........

Thanks for a reply, im well and truely scared!!
/dev/null
I don't know about you, but I would consider making a complaint against this officer. Who is he to try to give you legal advice? If he were so bothered, he wouldn't have given you a ticket in the first place. you could argue that his advice was not in your best interests etc.. Do you have a witness?
Scooba
What....could that help me then? i had some friends in the car but he took me out the car and spoke to me away from his collegue and my friends?
g_attrill
QUOTE (Peter_D @ Sat, 4 Nov 2006 - 11:57) *
"letter comes plead guilty but dont write it back" I do not know what you mean. ??


What the officer meant was don't plead guilty by post but appear and plead guilty in person. For somebody who is going to plead guilty it is sound advice, but it is somewhat presumptuous of the officer to assume that somebody is going to plead guilty.

As for 118mph - if you were to plead guilty you will be lucky to escape a ban, your hope would be to minimise the damage and get 28 days instead of 56.

Gareth
Scooba
well the ban that you speak of is still much smaller than what i was expecting.......i thought the ban time would be like a year or something???
How many points will i get on my licience for this? I also have read up on other cases and i cant remember where i saw it but someone got a month ban and £400 fine.

Im still really confused on the whole matter.......

(thank you very much in responding to this post, i am very much gratefull)
/dev/null
Hi,
No, the maximum ban for speeding is 56 days.
andy_foster
QUOTE (/dev/null @ Sun, 5 Nov 2006 - 13:54) *
Hi,
No, the maximum ban for speeding is 56 days.


Are you sure about that?
The mags' guidelines suggest 6 points or a short ban (14-56 days) for 101 - 110 in a 70 limit. Whilst a longer ban might be unlikely, I don' see whats to stop them banning the OP for longer.

Regarding the copper offering friendly advice - which is similar to that the OP could expect from most specialist motoring lawyers - I can't see that there's much cause for complaint, or that such a complaint could help the OP.
TINTIN1976
In my view you should do the following:-

1) Go to court on the first case, with representation and plead guilty. Get you brief to ASK for a ban. If you get the ban you will be able to jump back in your van regardless of the two year rule. If you get points you are screwed as DVLA will revoke the license and you have to reapply for you provisional and then resirt the theory and full test.

I knwo this is the same scenario happened to me albeit @ 103mph. My lawyer asked for a ban as opposed to points. I got 28 days and my fine was reduced from £400 to 250 for early appeal.

Hope this helps, also the 28 days flies in and my insurance hasn't increased either as i still have a clean license.

Cheers
Scooba
So tintin you think that it is best for me to ask for a ban instead of the points?
If i go for that what about my arguement of the case by saying that i need the car for work etc, would i not be going against myself asking for a ban? Or could i say i could live with a ban.
I think what your saying is maybe the best route for me but what should i say in court to make sure that they do not rape me for life?
g_attrill
You can hope they either give you 5 points to escape revocation or ask for a ban, saying it would be preferable to retaking your tests. To be honest I haven't heard much about what people say in court when asking for a specific punishment. I would have though it might annoy them to second-guess or tell them what to do, but you could suggest how each option would affect you to steer them in the right direction.

If worst come and worst and you are revoked, you would need to apply for a provisional licence, then the theory/practical tests (I think you can book the practical before passing theory). I've checked the DSA site and it seems the waiting lists aren't quite as bad as they used to be, so if you need to you might be able to get a quick test by travelling to a more distant test centre. The waiting list here is 2 weeks, so it is feasible to get back on the road within 4 weeks, but you would still have the 6 points on the shiny new licence.

Gareth
Scooba
so by asking for a ban it would mean my licience be taken from me and still get 6 points whilst re-taking the tests etc......
whereas i could just try and get a slap across the hands and them saying ok we'll give you 5 points so you still have your licience for your job?
Im just confused as tintin has managed to avoid points????

Basically which way would i get less of a hard time off the insurance? ( i know either way they will rape me but still, a little is better than nothing)

Once again thanks for your help guys.........
Insider
IF you got a "Straight Ban" like Tintin, then you get No points, just a ban.
Tam1
Correct me if I'm wrong,. but if he's had his license less than 2 years - then doesn't he loose his license and have to re-take the driving test if the court decide to ban him / give him 6 points?
Ocelot
I would have thought so.

Maybe he could just ignore everything and get the 3 points for failure to provide?
andy_foster
Unless someone knows differently, it's only getting to (or past) 6 points within 2 years of getting your first full licence that causes an automatic revocation.

The court could order a re-test with a straight ban, but that tends to be due to the severity of the offence, not the age of the licence.
neil3841
QUOTE (Ocelot @ Tue, 7 Nov 2006 - 13:46) *
I would have thought so.

Maybe he could just ignore everything and get the 3 points for failure to provide?

Can't do that I am afried he was stopped by a copper. Not sure what to do here but wouldn't he be more likly to get banned rather than points if he went not guilty and tried to find a flaw in the evidance asking for a ban might make the mags turn on a brain cell and realise he would rather have a ban than points in order to avoid retaking his test
Scooba
Evening guys.......
one of the things on my mind is my insurance......this is because i need my car for work, and if i did get so many points i would not be able to afford the insurance any way so therefore i would still be without the car. I could handle a ban with less points, but with the large increase in the insurance i dont know which outcome i would wish to hope for???
TINTIN1976
Scooba have replied to your pm. For everyone else its simple and a "loophole" of sorts

If within two years you get 6 points or more DVLA revoke your license. As a ban does not constitute points you still have a clean license. Once the ban is up you can drive. In my case my insurance has not increased on my car and I had to pay a one off payment of £13.00 to be a named driver on my wifes car. The direct line guy said its because I still had a clean license. My lawyer asked for the ban and siad it was to avoid retaking my test, this was accepted and a 28 day ban was given. Also considering the speed Scooba was doing a ban is highly likely anyway. My speed was 103mph.

Hope this helps all the new drivers out there.

Tin Tin
Scooba
well i can just hope that i end up with a final result like tintins as that would be best for me. But at the end of the day i guess its unlikely i will gain the same outcome.
Graeme P
Hey

I am in court next Thursday for doing 110 in a 70 so I will let you know the outcome!

I am 31 and don't really need a car day to day as I work from home a lot of the time, and will just schedule meetings where I need to drive around the ban! I am still unsure if a short ban or points and fine would be worse - to be honest if a short speeding ban doesn't bump up insurance too much, then it would probably be better for me to take a short ban, and costs instead of a fine.

Anyone any knowledge around the insurance hike after a ban, and what code the ban would be under - also if 6 points / short ban carry the same price hikes?


Cheers

Graeme
chadders
I recently enquired about bike insurance (always hefty) and when I mentioned 6 points she ran it with, and without: result = no change in price ??!

Why not run a dummy quote in one of the various online sites?
Scooba
I have tryed a few dummy quotes....but they all say i need to ring up and tell them more information! Think i could be doing something wrong?

*Just had one with a 200 increase for me getting a ban with no points!
Scooba
What sort of insurance increases have other people had for a motorway speeding offence?? (if thats what i will be charged for)
Was just trying to work out the difference between a ban and points insurance wise........can any body shed some light onto this???
Clarkey
It is down to the specific insurer.

In my experience, they are not interested in whether its a 30,50, 70, for the 'SP' the computer software or underwriter will just apply a loading to your premium for the points.

In my experience I have found that the ban is treated i.e loaded more harshly than say 6 points. But again it is down to the insurer and the type of contract.

Regardless of insurance cost I would go for the 'moment of madness', very sorry and the ban if you can as to me the space for potential points in the future is priceless.

Good Luck.

Clarkey - (Insurance Broker)
Scooba
QUOTE (Clarkey @ Mon, 13 Nov 2006 - 12:51) *
as to me the space for potential points in the future is priceless.



Yer thats true......but im going to say this experiance has already made me extremely cautious about driving over the limit at all!
Meaning to say it was never my intentions to go over a limit but now at this moment in time i am constantly eyes on the dials!! SO hopefully no future points etc!!

Just ran some dummy quotes on the confused.com site and the increase for both ban and 5points are £200!
Scooba
Hello,
posted a topic up earlier SPEEDING TOPIC
And i have since sold my car and bought a new one. What do i need to do if any thing to advise the police of this change so that the letter/NIP (not sure what to call it) comes to me and does not waste time.

Any help appreciated

Thanks
Steve

[edit by mod - threads now merged]
andy_foster
It is you that will be summoned, not the car.
For camera detected offences (not stopped at the side of the road), the first NIP goes to the Registered Keeper.
You received a verbal NIP, and you (or the person whose details you gave to the copper) will be getting the summons.
horse
QUOTE
Yer thats true......but im going to say this experiance has already made me extremely cautious about driving over the limit at all!
Meaning to say it was never my intentions to go over a limit but now at this moment in time i am constantly eyes on the dials!! SO hopefully no future points etc!!



tongue.gif

Come on mate, you dont creep up to 118 because you thought it was 70 and you didnt have your eye on the dial... The roaring of the engine and the trees going past really quick is enough. I'm not being dissaproving, just saying you don't have to justify it like that..... wink.gif

Good luck for the case.... Practise looking humble in front of the mags angel12.gif
Scooba
blush.gif
horse i wasnt trying to justify myself, i was just saying now im on a constant look out for police arround me and also my dials. Like every time i get up to 75 im really nervous....like shit my pants style
horse
As long as it doesnt mean distracting yourself, then looking out for the police is a healthy habit to get into - and don't worry too much about it, if you're always sticking to 75 you end up standing out almost as much as you do going at 118 (just keep an extra special look out for the law when you are going really fast!! wink.gif )

Not that I'm err.. neccesarily condoning speeding
Scooba
tongue.gif
Scooba
Hello,

Recieved a verbal NIP not too long ago....further details etc are going to be sent and "should arrive 2 months from the offence" i was told. unsure.gif (Beggining of November)
With the case i will be going into court with a plea of guilty. I want to go ahead with this with the advise and assistance of a lawyer. Just wanted to know:

1> How long till the letter will appear in the post box roughly? (christmas time or later???)

2> How much the lawyers will charge roughly (your past experiences) - i did see £150 i think from tintin

3> What will happen in court and what to expect etc.

Any help or advise will be greatly appriciated!

Thanks
Steve
mr2
If you're pleading guilty I wouldn't waste your money on representation.

Make sure you come across as genuinely sorry and that you've learned your lesson.

It should take no more than 5 -10 minutes.

Get down to the magistrates court, sit in the public gallery and watch a few cases. Not only does it show you what goes on, but it makes you less nervous on the day.
Scooba
UPDATE....
Hello all
just got the NIP in the post on wednesday.......it shows that for me to go to court it would be in april.
i passed my test in march so would that mean that im no longer under the probationary period???

How often is it the courts give out the maximum ban of 56days? Would i be looking at or maybe a shorter period due to early plea etc etc

Also recieved another document in the same envelope asking for details about my financial position, i dont really get much money, 7000 p/a roughly basic without over time. What sort of fine would i be looking at.

Going to ring up direct line soon and find out what they consider more of an increase in premium, a ban or points....
Another question is that i have my insurance renewal on march 3rd, so would this mean my premiums will not rocket until next renewal??

Any help or advise would be great, really quite nervous now! icon_hang.gif
Rallyman72
Points are as at the date of the offence, not the date of conviction. Can't help on the other points.
Scooba
QUOTE (Rallyman72 @ Fri, 15 Dec 2006 - 18:11) *
Points are as at the date of the offence, not the date of conviction. Can't help on the other points.


so would this mean that i would be still under the probationary period points ruling???
Rallyman72
QUOTE (Scooba @ Fri, 15 Dec 2006 - 18:34) *
QUOTE (Rallyman72 @ Fri, 15 Dec 2006 - 18:11) *

Points are as at the date of the offence, not the date of conviction. Can't help on the other points.


so would this mean that i would be still under the probationary period points ruling???
'Fraid so.......It isn't a ban though, all that happens is that you have to go back to a provisional licence and take both theory and practical tests again so the only time 'off' road is whilst you cannot find a qualified driver who is able and willing to sit next to you as you wait for your test dates to come up.

Insurance - advising your insurer will depend upon the policy wording, many require to be notified as at conviction but others do not want to know until renewal. Of course any change in licence status has to be notified immediately so revocation back to a provisional has to be notified when/if it happens.

The means form allows the Magistrates to decide on the level of fine they will apply but there are also guidelines. The maximum fine for speeding is £1000 except on a motorway where it is £2500. Given your inocme level I would expect around £300 or so but it really does depend upon the mood of the Magistrates on the day and the attitude you take in court.
Scooba
Hello all

Had my court appearance for this case today.... just thought id let you all know how it went, as i got some advice from a few of you.
This is just so that people can compare, and also if anyone else is in my situation then, maybe this is what they could possibly expect.

First off I had got myself a lawyer to help represent me, (put my mind a little bit at ease knowing that i stutter and murmer so me representing myself would end up in "errrm, well, errr, see what happend") So that came to #293.00 inc VAT

SO ANYWAY......
Turned up today went through with the lawyer all the final details etc. Went into the courtroom, sat, stood and then gave my details - only things i had to say was my name, address and plea.
The 3 judges then went away into the side room to discuss the matter,

They ended up giving me 6 points, 150 pound fine + 35 court costs.

Now for the next part...... seeing that i was at the time on my 2 years probationary period, then i would also have to re-take my test, then as soon as that has been completed im to drive again with my 6 points still on the licience.

End of they day, it has been an expensive lesson learnt, and i can honestly say that im grateful that i have learned the lesson this way instead of getting myself into a crash and possibly killing myself at those sorts of speeds (especially in a saxo)

Hope this helps some one who comes down the same route i have,

Cheers

Steve
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