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Full Version: [NIP Wizard] 77MPH on a Dual Carriageway with a 50 Limit
FightBack Forums > Queries > Speeding and other Criminal Offences
zoemax
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2011
Date of the NIP: - 11 days after the offence
Date you received the NIP: - 12 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A46 SWAINSWICK By PASS, BATH >> M4
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? - 6
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 - Manual detection, 77 in a 50 limit.
S84 RTRA 84 Sch 2 RTOA 88 & Local Order.
10AM on a Saturday morning, clear road, good visibility, straight dual carriageway.
No justification, I was doing 77 in a 50. But I am concerned that I am at risk of losing my licence which I particularly need at the moment to travel between Poole and Bristol to visit my Mother who is on her last legs with cancer. I guess my mind was elsewhere as I was on that journey although I appreciate that is no reason to break the law.
What I am asking is if there is anything I can do to help the offence be viewed as leniently as possible.
My current 6 points are both SP30 from July and October 2008 which I understand will expire this year? Would dragging sentencing out until the first expires be of benefit, if so, how would I do that?
Any help much appreciated.
Thanks.


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: Thu, 17 Mar 2011 20:11:22 +0000
southpaw82
There's no benefit in dragging the proceedings out as it is the dates of the offences that matter - the date of conviction is irrelevant.
Logician
It would be of no benefit to drag out the case, the crucial dates are between offences, not sentencing. You are just into the top band for speeding which starts at 76 in a 50 limit, and where the driving licence penalty is 7 to 56 days or 6 points. Clearly what you need is to avoid the 6 points as that will see you dealt with as a totter, with a presumption of 6 months disqualification, to refute which you would have to demonstrate that it would cause exceptional hardship.

I would be inclined to try to persuade them to ban you for a short period, say 7 to 14 days. If you visit your mother during that period perhaps you can get a lift, I imagine it is a difficult journey by public transport. You would then still be on 6 points and have some headroom against another slip up. If you get 6 points and argue successfully for exceptional hardship so that you are not banned, you will remain on 12 points. Any more points will see you totting again, and you cannot use the same exceptional hardship argument again within 3 years.

Go to court and be frank about how you want to be dealt with and why, take along some medical evidence of your mother's condition and prognosis. Do not make too much of speeding because of being distracted with worry, the court might start wondering whether you were safe to drive. You should be talking along the lines of "I realise a ban is inevitable for this speed in a 50 limit, for which I have no excuse. I think this will actually be a salutary lesson for me and remind me of my responsibilities as a road user for mutual safety on the roads. Please however also bear in mind the particular situation I am in, which would make a long period of disqualification, such as the 6 months I would get as a totter, a real disaster for me and more expecially for my mother who ......................"
Kickaha
If the OP got 6 points but no ban due to exceptional hardship he would only be on 12 points until July, then dropping to 6 in October.
Pancras
QUOTE (Kickaha @ Thu, 17 Mar 2011 - 21:17) *
If the OP got 6 points but no ban due to exceptional hardship he would only be on 12 points until July, then dropping to 6 in October.

Where as if the OP got a 7 or 14 day ban, he would stay on 6 points until July, and then a clean slate in October. Logician's advice is sound - a short ban would be the best result.
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