Advice on being caught speeding at 116 MPH

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The Boss

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Ok.. so i have been bad..

At 1.05am this morning, i was caught on the M4 speeding at...

116 MPH or 688.4 MTS

I eplained why to police, they understood and said they appreciated my situation and let me go on my way quite quickly, but said a court appeareance at Court would be compulsory etc..

Something bad happened yday evening..

At around 10pm on Sunday night in Kenya, my Partners close Uncle was murdered at his house during a robbery and her cousin (Uncles son) was also shot and is now in ICU, and the mother is still missing.. Its really tough out there at mo :(

My partners brother is at Bristol Uni, in his first year and was very upset, so we had to go get to him immediately to bring him back to be comforted by family and also to organize the first flight out to Kenya.

Anyway, should a court appearance occur, and putting the above situation aside, what is my likely sentence..?? ban? fine? points?

Can i claim [FONT=&quot]"duress of necessity" or something?

Just need any advise on what will happen now from those in the know..
[/FONT]
 
I think you need a really really good solicitor perhaps the best you can afford or even better one you cant afford.

Not up to date on law but used to be speed limit plus 30mph equals ban.




Lynall
 
I think you need a really really good solicitor perhaps the best you can afford or even better one you cant afford.

Not up to date on law but used to be speed limit plus 30mph equals ban.




Lynall

Thanks.

What about the circumstances.. I have read up on particular situations but none like this, but as i will have proof of the incident from the Kenyan Police office and death certificate and also the incident which involved 5 more being tied up hostage for 2 hrs etc..

I just have to find a way to incorporate this into my defence...
 
I think over the ton is an automatic ban.
A good barrister may be able to help given the tragic circumstances.
 
Sorry to hear about this, it's a situation I could find myself in easily enough having very close relatives in a very volatile part of the world.

I guess being objective, what I'd like to know, is what you achieved at 116mph that you couldn't achieve at 70mph, since the death had already happened and it's unlikely you'd get all of you (who'd need to be) on a plane on the day/night your speeding occurred?

If you don't feel comfortable answering publicly you could IM me - and I don't work for any part of the law.
 
Sorry to hear about this, it's a situation I could find myself in easily enough having very close relatives in a very volatile part of the world.

I guess being objective, what I'd like to know, is what you achieved at 116mph that you couldn't achieve at 70mph, since the death had already happened and it's unlikely you'd get all of you (who'd need to be) on a plane on the day/night your speeding occurred?

If you don't feel comfortable answering publicly you could IM me - and I don't work for any part of the law.

Hiya

thanks for message.

The purpose of leaving at midnight to get to Bristol was

1. to get to my Partners brother who was extremely distressed.. He spent his summer with them in Kenya before climibing Kilamanjaro so was very close.

2. My partner was very upset and being close to her brother, they wanted to be together.

3. With the robbery that occurred recently at our place, it was important to have the family together..

4. The flights to Kenya were being looked into whilst we were on route, thus to get back to London was imperitive.

I was stupid for doing 116, i admit that, but under the circumstances, i was not thinking straight at all!
 
As others have said, get a good solicitor asap. I would have thought the approach would be to plead guilty and then offer the circumstances in mitigation. You might be lucky and get away with a mega fine and 9 points...

I think the downside to your case is that, as Noodle says, there is little you could have achieved by speeding - despite the tragic circumstances. Unless of course you were seriously and validly concerned for your partner's brother's wellbeing (i.e. could he have been threatening to harm himself?) - and even then an unsympathetic court might suggest that speeding was still unnecessary.

Best of luck - sounds like the speeding bit is the least of your concerns right now.
 
As others have said, get a good solicitor asap. I would have thought the approach would be to plead guilty and then offer the circumstances in mitigation. You might be lucky and get away with a mega fine and 9 points...

I think the downside to your case is that, as Noodle says, there is little you could have achieved by speeding - despite the tragic circumstances. Unless of course you were seriously and validly concerned for your partner's brother's wellbeing (i.e. could he have been threatening to harm himself?) - and even then an unsympathetic court might suggest that speeding was still unnecessary.

Best of luck - sounds like the speeding bit is the least of your concerns right now.

You are right, its of little concern, as paperwork, if it turns up. wont be for a few weeks yet... more so sort family issues out first,..

Its quite disturbing really, especially one of the ladies tied up, partners cousin sister is heavily pregnant and other cousin sister has a very new born baby...

Both have been sedated by doctors for their own well being..

I will look into solicitor stuff once papers arrive.
 
Well, that is one way to keep the mileage down on the green goddess!

Seriously though, I think you are looking at a fine and ban, unless you can prove that you truly are screwed without your car. I doubt that the reasons for speeding will sway opinion, but the fact that the road was empty at the time etc might.
 
Dillan , sorry to hear about your uncle and other loved ones .

As has already been said , a speed above 100 normally results in a ban . I'm not so sure of the situation in England , but I think speeding cases are normally heard by a magistrate , who is usually a lay-person without any legal qualifications , although advised by a court official who is qualified . I think everything will hinge on the magistrate being sympathetic to your mitigating circumstances ; it will also help if this is a first offence and you have no previous history of speeding offences .

Having a good lawyer to represent you may help . The magistrate will have sentencing guidelines but , I think , has the prerogative to shorten the normal ( 1 year ? ) ban or forego it altogether and replace it with a larger than usual fine , I think you will still get the points though .

Everything hinges on whether your mitigating circumstances will be accepted or not - it usually has to be things like rushing to hospital with a critically ill passenger , pregnant wife about to give birth etc .

Good luck .

I have no legal knowledge , above is just based on cases I have read about .
 
Thats the fella i was thinking of, meant to be very very expensive but hes also meant to be very good, i suppose it depends how much you value your licence.



Lynall
Actually yes, be warned. In my case it cost me £350 but if the case goes to a full hearing then the bills can spiral out of control. Its not unusual for a drawn out case to cost £20K or more with no guarantee of success.
 
Doing over 100mph does not receive an automatic ban. I 'know someone' here in Scotland who got 4 points and a £200 fine for 103mph with no excuse at all. Get absolutely the best lawer you can and have him decide on the best course of action. Sorry to hear about your troubles.
 
I got caught at 106 on the M3 a few years back. Can't go into specifics but I did manage to avoid a ban. Was fined £250 and given 9 points, so I can demonstrate that going over 100 doesn't immediately equal disqualification. Sorry to hear about the circumstances...
 
Firstly deal with your family - forget about the legal bits, hire a decent law firm who specialises in motoring and let them deal with everything on your behalf, I get the feeling you don't need the stress in your life just now.

If you need to get it out of your mind speak to some law firms now, otherwise just wait until the letter comes, if it comes. Only thing to bear in mind is you may want to corroborate your circumstances to build a defense so any letters and dealings regarding the family cirumstances should be kept handy.
 
Sorry to hear about your family, but I doubt it will change things in Court.

116 on a 70 motorway will almost certainly lead to a ban.

Eligible for COFP instead? No: Magistrates' court only
Points: 6
Normal fine range:
£263 - £438
Disqualification possible?
Consider 7-56 days
Maximum fine:£2500

PePiPoo: Magistrates Sentencing Guidelines for Speeding - UK Motoring Law

You need to visit this website:

http://www.pepipoo.com/

I would save your money using fancy solicitors and just put your hands up and admit it.
 
116 on a 70 motorway will almost certainly lead to a ban.
Disqualification possible?
Consider 7-56 days


I would save your money using fancy solicitors and just put your hands up and admit it.

I think the question that will be asked is if there is a history of speeding, if the license is clean or near clean I'd expect the magistrates to be sensible over this one. I speak here from personal experience, both myself and others have driven away from court after three figure allegations.

Really Boss - worry about this one later, and get someone to deal with the paperwork for you!
 
I`m sorry to hear this mate but i think you`re gona get a ban.As the accident had already hapen and is not like you was gona change something by speeding.
 

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