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Jack105
Hi,

I recently purchased a new car and last night was flashed on the motorway from an overhead speed camera doing roughly 115mph (I would be extremely surprised if I was doing 120 but please list what could happen if it was.

My lively hood depends on this job and without it I wouldn't survive, I'm 20 years old; never had any speeding offences not have I committed any criminal offence before.

The time was roughly 4am and there were pretty much no vehicles on the motorway (apart from 2 other cars)

What's the potential consequence(s)
What options do I have when I get summond to court?
Will the courts take into account my job?
Would it be worth my while asking if it was calibrated correctly?

My current idea is plead guilty but not agree with the speed for Newton trial, but will this be worth anything?

Thanks (from a worried guy)
Gan
Check the magistrates guidelines in the sticky area

Options are six points or more likely a short ban.
If you've had your licence less than two years, six points would see it revoked anyway so the ban would probably be better in one respect but may be more of a problem with insurance later.

Unlikely that the courts would take your job into account unless you could show that it would have a serious effect on others.

You might be able to negotiate a plea for 100 - 105 mph but you would need to get it below 100 mph to be much better off

The action that would most impress them would be to show that you had sold the car and replaced it by something much less powerful

If the car is new and you haven't received the V5 documents you may not hear about this for some time. It won't give you a late NIP defence.
Jack105
QUOTE (Gan @ Sat, 7 Apr 2012 - 10:10) *
Check the magistrates guidelines in the sticky area

Options are six points or more likely a short ban.
If you've had your licence less than two years, six points would see it revoked anyway so the ban would probably be better in one respect but may be more of a problem with insurance later.

Unlikely that the courts would take your job into account unless you could show that it would have a serious effect on others.

You might be able to negotiate a plea for 100 - 105 mph but you would need to get it below 100 mph to be much better off

The action that would most impress them would be to show that you had sold the car and replaced it by something much less powerful

If the car is new and you haven't received the V5 documents you may not hear about this for some time. It won't give you a late NIP defence.



I'm a personal trainer so I need to be mobile in order to see clients, therefore of I'm not mobile I don't make money.

How does a negotiation work in the court for this type of offence?

The car is a 1.6L TDI which ive never driven a turbo before so is it worth saying that I was unaware of how it got up to that speed?

I've had the v5 for a while is it 14 days I have to hear from them unti I can say late arrival etc?

Thanks for the swift reply!
andy_foster
If pleading mitigation, I'd far rather argue that whilst there is clearly no excuse for driving at such a speed, so far above the speed limit, the conditions (wide empty motorway) were such that offence is substantially less serious as regards potential danger to other road users than the admittedly quite shocking numbers might otherwise suggest. Suggesting that you were doing that speed and were effectively out of control is unlikely to win the sympathy of theh bench.

If you physically had the V5C before the offence, and your details as keeper as current and correct, they need to serve a NIP on you within 14 days of the date of the offence - although if one is properly posted in good time and arrives late or is not delivered, the onus would be on you to prove it. Attempting to prove something that you know not to be true would constitute perjury and/or perverting the course of justice, and would mean that a driving ban would be somewhat moot during your 2 year stay at Her Majesty's Pleasure...

Assuming that you do get a NIP, you will be required to name the driver. Failure to do so would generally result in it being impractical to convict you for the speeding offence, but would constitute a separate offence which carries 6 points (MS90 endorsement code) and ~£500 fine. Obviously, we can't actually advise you to commit a criminal offence, but we can advise you that the punishment may be less than you would get for doing 120 if you responded to the requirement to name the driver.
The Rookie
QUOTE (Jack105 @ Sat, 7 Apr 2012 - 10:25) *
The car is a 1.6L TDI which ive never driven a turbo before so is it worth saying that I was unaware of how it got up to that speed?

You could commit perjury and say that, not a good idea though (just think Jeffrey Archer and Jonathan Aitken).

It's a 1.6Tdi, not used to a turbo is rubbish excuse, as all new Diesels have them now and it's still not as powerful as a similar petrol.......stop digging that hole your in any deeper.

Have you passed your test and had a full licence for more than 2 years? This is critical to giving best advice.

Simon
Jack105
QUOTE (The Rookie @ Sat, 7 Apr 2012 - 11:08) *
QUOTE (Jack105 @ Sat, 7 Apr 2012 - 10:25) *
The car is a 1.6L TDI which ive never driven a turbo before so is it worth saying that I was unaware of how it got up to that speed?

You could commit perjury and say that, not a good idea though (just think Jeffrey Archer and Jonathan Aitken).

It's a 1.6Tdi, not used to a turbo is rubbish excuse, as all new Diesels have them now and it's still not as powerful as a similar petrol.......stop digging that hole your in any deeper.

Have you passed your test and had a full licence for more than 2 years? This is critical to giving best advice.

Simon



I have held my licence for 3 years
Jack105
Would it be worth me saying that I am prepared to have a speed limiter fitted? Will this help?
andy_foster
QUOTE (Jack105 @ Sat, 7 Apr 2012 - 14:14) *
Would it be worth me saying that I am prepared to have a speed limiter fitted? Will this help?


Not in the slightest. It is not something that the court has the power to order, and they will not believe that you will do so after sentence has been passed.
You could actually get a speed limiter fitted, and take documentary evidence of such to court with you, which might assist a remorse based mitigation, but you'd probably be better off putting whatever a speed limiter would cost aside as a taxi fund.
Jack105
I have also held my licence for 3 years (clean), what will this effect?
andy_foster
If you had held a full licence for less than 2 years on the date of the offence, getting 6 points would result in a revocation.
The Rookie
What that means is if you presnet yourself right, you may get off with 6 points, had you faced revokation you'd probably have preferred a short ban.
Jack105
If I can prove exceptional hardship which I have a strong case for due to other reasons can I get away with just 6/9 points? Currently insurance is £180pm with points it would be £200 if it was a ban it would be £350pm, would this also help towards a hardship case?
Jlc
Exceptional hardship only applies for totting bans of 6 months. You are most likely to receive a short ban but it's not guaranteed - there's been a few cases on here recently where points where awarded instead and a large fine. I suggest you give BBLaw a shout on here - he comes highly recommended and can advise.
Logician
Selling the car, fitting a speed limiter, crossing your heart and hoping to die if you ever speed again is not going to make the slightest differance. Saying you were in a new car you were not used to sounds possibly dangerous and certainly rather pathetic, since it had a speedometer. You apparently have no basis for arguing that the speed camera recorded the wrong speed.

You would be far better off being honest that it was a moment of exuberance in a new car, at that time in the morning the motorway was deserted and conditions were clear (if they were) and no danger or difficulty was caused to any other road user because there were none. Your brief moment of exuberance was quickly brought to an end by the flash of the camera and you have been worried sick about the possible consequences of a moment of follishness ever since. Your car is very important to your work, and if they could see their way to giving you 6 points rather than disqualification if would be a reminder to you to watch your speed for the next 3 years, or if they feel a ban is inevitable, would they please keep it as short as they feel able. BBLaw seem to have achieved some remarkable results, so well worth giving Bobby Bell a ring.
The Rookie
Sheesh, 6weeks on your insurance covers my whole year (group16 car)......I guess as your a high risk this is only going to bump it up...

It's worth introducing that into you're 'mitigation'.....
Pete P
QUOTE (Jack105 @ Sat, 7 Apr 2012 - 10:25) *
I was unaware of how it got up to that speed?


You probably had the accelerator down to the floor. Funnily enough I used to have a 1.6TDI, it weighed 1300kg and with its measly 105bhp it strugged to accelerate after 80 or so, it would definitely have taken a while to get to 115mph. Which brings me on to my next point, if you cannot tell the difference between 70mph and 115mph then something is clearly amiss.

I would call myself 'young', I now drive a fairly powerful car (163bhp) and ironically I have not gone over 85mph even though I know it's capable of a fair bit more than that. The reasons for this are: 1) I tend to look at my speedometer every now and then, and 2) one of my jobs is as a driver, so my licence is fairly important to me.




22 years old, driving a V6 and with a clean licence.
Jack105
The car I have is slightly lighter and the engine has quite a lot o power in it and it doesn't struggle to accelerate at all - could someone link me to BBlaw I can't find any contact details anywhere


P.s. Thankyou for all your help
Jlc
QUOTE (Jack105 @ Sun, 8 Apr 2012 - 12:09) *
The car I have is slightly lighter and the engine has quite a lot o power in it and it doesn't struggle to accelerate at all - could someone link me to BBlaw I can't find any contact details anywhere

Here: BBLaw
The Rookie
Sorry, no reasonable driver gets to 115 (like more than 50% over the posted limit) and doesn't realise, if your that bad at driving, give up now, I would suggest 120 is close to the max speed of your car and your pedal was in the carpet.

My car has 225bhp and 400Nm of torque, I have zero points, my wifes car has 231bhp, likewise a Eurovision losing 'Nil point', although she could have got done for about 83 the other day, we've got away with it.
mike848
QUOTE (Logician @ Sun, 8 Apr 2012 - 01:12) *
Selling the car, fitting a speed limiter, crossing your heart and hoping to die if you ever speed again is not going to make the slightest differance. Saying you were in a new car you were not used to sounds possibly dangerous and certainly rather pathetic, since it had a speedometer. You apparently have no basis for arguing that the speed camera recorded the wrong speed.
You would be far better off being honest that it was a moment of exuberance in a new car, at that time in the morning the motorway was deserted and conditions were clear (if they were) and no danger or difficulty was caused to any other road user because there were none. Your brief moment of exuberance was quickly brought to an end by the flash of the camera and you have been worried sick about the possible consequences of a moment of follishness ever since. Your car is very important to your work, and if they could see their way to giving you 6 points rather than disqualification if would be a reminder to you to watch your speed for the next 3 years, or if they feel a ban is inevitable, would they please keep it as short as they feel able. BBLaw seem to have achieved some remarkable results, so well worth giving Bobby Bell a ring.

+1
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