Driving points/ban 100+mph on motorway

[Giantvanman]

I thought a summons was mandatory for speeds over 100 mph ?

Or is some discretion available ?

Technically, everyone exceeding 100/70 should be summonsed but discretion is just that and cannot be removed from the officer. Would you believe that some half-wits, having been captured well above 100 and then issued with a discretionary ticket, then plead not guilty?

That is a REALLY great hour or so in court followed up with hilarious sentencing rationale…something along the lines of "I cannot for the life of me imagine the intelligence of the person who is offered the olive branch of a fixed penalty notice in these circumstances and discards it with all the abandon of a petulant child"….I paraphrase slightly. I wish I could remember some of the others because they were hilariously polite but brutal.

 

[dan-mb]

The police X5 was limited to 128mph so that is what they clocked it at...clear motorway, sunny and dry and me being silly in a rush to get home to stop the dog chewing the house to pieces! They showed me the footage and it was their X5 doing 128mph and CLK moving swiftly into the distance.

 

[219]

Sorry to say , but at that sort of speed I'd think a summons is certain , and , depending on other circumstances , previous driving history etc , I'd think a ban of some sort is likely .

 

[dan-mb]

Do you mean you were issued with a ticket or reported with a summons to follow? The former will be a Fixed Penalty of three points plus fine, the latter..

Summons expected to be received in 2-3 weeks the title at the top of the long green sheet just said traffic offense report, this is the first time i have been caught speeding i have had no points in 8 years driving so its all new to me.

 

[flango]

I seem to recall , from Steve's lengthy thread over on Pistonheads , that in that particular area , if not the whole of Scotland , speeds over 100mph are automatically treated as Dangerous Driving .

I think the guidelines in England may differ ?

Not sure the reference in my previous post of 103 in a 60 was on the A70 in Scotland and that was speeding but was also 10 years ago and things change.

In England there is a set of criteria that have to be met for it to be DD can't remember them all but one is actions likely to endanger public safety

 

[merc85]

I think once a NIP is issued, Via ticket or Verbal, the summons can take up to a year to come through.

 

[219]

Summons expected to be received in 2-3 weeks the title at the top of the long green sheet just said traffic offense report, this is the first time i have been caught speeding i have had no points in 8 years driving so its all new to me.

If this is your first offence , after a reasonable period of good driving history , you will stand a good chance of being treated leniently . It will help your case if you plead guilty at the earliest opportunity and show some humility when you appear in court .

With luck you may only receive a short ban , unless you can plead extenuating circumstances , for example your inability to drive will bring suffering to others ( not yourself ) such as a dependent relative who you drive to hospital and could not otherwise receive health care ; or if a ban would mean loss of livelihood and dependants would suffer . However , if you escape a ban , expect high points ( usually such that ANY further offence would mean a ban ) and a large fine .

 

[flango]

I think once a NIP is issued, Via ticket or Verbal, the summons can take up to a year to come through.

In England they have to lay the papers before the court within six months but you can be prosecuted and fined up to three years after the offence. Although anything over twelve months could be challenged as abuse of process

 

[merc85]

I wonder what's worse, a short ban, or 12 points?

 

[219]

I wonder what's worse, a short ban, or 12 points?

It is arguable .

9-11 points will result in a ban if anything further happens , so you need to drive like a saint for the next four years . After five years , assuming no further incidents , you will again have a clean licence and can answer 'no' to most insurance questions .

Following a ban , you could end up with a 'clean' licence again ; the downside of that is that many insurers will ask 'have you EVER been disqualified' rather than about points in the last five years ( some serious offences remain disclosable for eleven years ) so it could adversely affect you for longer .

Even though the insurers will ask 'have you EVER...' , there is a cut off period provided in the Rehabilitation of Offenders Act , but I can't remember the details .

As always , if you want proper professional advice speak to a lawyer .

 

[AMGeed]

I wonder what's worse, a short ban, or 12 points?

Either, when it comes to insurance renewal

 

[a111r]

I wonder what's worse, a short ban, or 12 points?

Either way, there's insurance premium hell for the next 5 years, 'till the slate is wiped.

 

[Dryce]

The charge wasn't speeding though it was Dangerous Driving which in England takes you into a whole new set of sentencing guidelines and I expect the case in Scotland is the same based on the sentance and fine he got

I was well aware it was DD because it was Scotland.

That was the reason I used the term 'sentencing guidelines'.

I don't think there was ever any likelihood of a custodial sentence given the circumstances (as I understand them to have been). Hence it was nothing to do with luck that he got a fine+ban - but down to application the guidelines.

 

[NOMONEYBUTAMERC]

For sale , CLK 230.Very fast car. !!
Good luck , I think you will need it . Not sure that having a solicitor speaking up for you in court will cut any ice, and may in fact go against you. Doesn`t stop you from consulting a good one for advice.

 

[Abb]

Even though the insurers will ask 'have you EVER...' , there is a cut off period provided in the Rehabilitation of Offenders Act , but I can't remember the details .

For non serious crimes it's 5 years. Drug trafficking, sex offences, murder etc it doesn't apply IIRC.

 

[219]

For non serious crimes it's 5 years. Drug trafficking, sex offences, murder etc it doesn't apply IIRC.

Indeed , that's why the insurers ask about 5 years for less serious offences , but referring to motoring offences they ask have you EVER been disqualified , notwithstanding which there is a longer period after which this CAN be ignored .

As already stated , the points for some serious offences stay on your licence for 11 years instead of four , but they can eventually be ignored and you can legally answer No to questions about historical bans in the distant past . I just can't remember the details and can't be bothered trawling for the answer right now .

 

[cb1965]

To the OP. Please take any advice on here with a large pinch of salt unless it is coming from someone in the legal profession.

At the speed you have been clocked at you are going to need very good legal representation to avoid a ban. If I were you I wouldn't be fagged posting here and would get on the phone to a very good specialist solicitor.

Do a Google search as there are a lot of good recommendations for such a specialist if you don't know one local to you. Be warned though it will cost you good money and only you can decide whether avoiding a ban is more important than a few grand in legal costs.

As before wishing you the best of luck!

 

[markjay]

My experience is that not all insurers ask the same questions, and of those who do ask not all of them hold it against you in the same way.

Most likely you will find insurance that will not cost the earth, but you will need to spend some time getting quotes.

 

[st13phil]

To the OP. Please take any advice on here with a large pinch of salt unless it is coming from someone in the legal profession.

At the speed you have been clocked at you are going to need very good legal representation to avoid a ban. If I were you I wouldn't be fagged posting here and would get on the phone to a very good specialist solicitor.

Excellent advice. Just make sure that it really is someone who specialises in motoring cases - many who claim to do not.

 

[Blowpipe]

For non serious crimes it's 5 years. Drug trafficking, sex offences, murder etc it doesn't apply IIRC.

This is actually a very interesting point. The Rehabilitation of Offenders Act (amended in 2014 bringing the disclosure obligation timescales right down) means that there is a surprisingly short cut off point for disclosing most offences, but that hasn't stopped the insurance industry leaning on the Department of Transport to override this for traffic offences when it comes to car insurance. For example, you could be fined for theft from an employer and after a year not have to disclose it to a new potential employer. Even getting sent to prison for six months gives you the right not to disclose this after two years. But get caught speeding or whatever and you're declaring it to the insurance industry for five years. Bonkers.

A colleague has taken this up with his MP, who got the DoT to admit this was 'under review' as it was an 'experimental period'. Oh really.