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Full Version: 94 in a 70. Fixed or court?
FightBack Forums > Queries > Speeding and other Criminal Offences
RugbyPete
NIP wizard came back wit the default response.

What's likely? I thought 30mph over the spee dlimit induced court and bans etc. but a simple 24mph over can be done via the standard system?


It wa son the a5, up a hill, where it goes 3 lanes, came over the hill and got zapped at 94.

Thanks
Pete
Durzel


Magistrate guidelines suggest that a CoFP would be offered for 94 in a 70.
RugbyPete
QUOTE (Durzel @ Fri, 16 Oct 2009 - 10:19) *


Magistrate guidelines suggest that a CoFP would be offered for 94 in a 70.


If they dont, can I appeal?

Best thing, get everything sent off saying it was me etc. and cross fingers?
Durzel
Probably easier to help if you post the NIP Wizard response in the thread.

You can't appeal the offer of a Fixed Penalty, but if it did end up going to court you'd probably receive the same amount of points and a higher (means tested) fine. Generally speaking though if you're within the guidelines for a CoFP you'll get one unless there were other aggravating factors involved.
RugbyPete
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2009
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A5 Sharnford Junction
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 3
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - After the turning, there is a hill, accelerated for the hill, mobile van over the brow clocked me at 94mph

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Fri, 16 Oct 2009 10:58:17 +0100
CountryCousin
QUOTE (Durzel @ Fri, 16 Oct 2009 - 10:53) *
You can't appeal the offer of a Fixed Penalty, but if it did end up going to court you'd probably receive the same amount of points and a higher (means tested) fine. Generally speaking though if you're within the guidelines for a CoFP you'll get one unless there were other aggravating factors involved.

No at 94 mph you are still eligible for a Fixed Penalty for 3 points and £60 with most police forces but if you don't get one or refuse one and end up on court you will be on risk for 4 to 6 points (magistrates court sentencing guidelines then apply) and even a possible short ban (unlikely in reality unless your speed is at least 95mph or more and nowhere near a reasonable certainty till you hit 100mph).

The bottom line is that anyone offered a Fixed Penalty for 91mph to 95mph who is offered a Fixed Penalty should rush to accept it and only anyone who is utterly convinced of their innocence and being able to prove it should risk refusing a fixed penalty and going to court instead if they were travelling between 91mph and 95mph.
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