RESSE

iTrader: (1)

My father is a magistrate and his advice to me in 1997 when I (rather ashamedly) got caught @ 110 mph on the M5 is as follows:-

1. You will have to appear in a Magistrate's Court in front of two or three Magistrates.

2. They will listen to the Clerk to The Justices who reads out the offence.

3. You then have a right to have your say.
* Always apologise and this will put your case in a good light - i.e. do not say I was not aware of my speed as they have heard all the excuses.

4. You may get a ban with no points - possibly 28 days, and a fine.

5. Fines are calculated by your ability to pay, work out your net monthly income and expenditure and see what is left over, magistrates will not penalise you financially of you cannot make the payments.

I hope this helps - I would not bother with a solicitor for this type of offence.

Richard.

Dave T-S

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by Stuart H:
<B> Don't I qualify as 'real advice' then?[/quote]


.....not from what i've seen so far.....(only joking M8)

From the Muppet

PS - you got a day pass for the clay pigeon shooting next week or not???

caught speeding

I have been very stupid/foolish/unlucky.....

I was pulled last night for speeding on a motorway. Normal 70 speed limit, but I was caught (by VASCAR) at an average of 100.4mph.

I have been given a 'producer', given a verbal NIP and told that the traffic policeman 'had' to report it (???) to the CPS, and it was up to them what they did. I assume this means a court appearance, leading to bad new

Previous motoring offences:
Fixed Penalty Dec 1997 for 88 on a motorway
Fixed Penalty jan 1999 for 43 on a recently 30 limit dual carridgeway
(neither in a Subaru )

What now?? anyone give me help/pointers/advice/bad news??

Did he really *have* to report it? and why?
What is likly to happen??
How many points
BAN??
Is it worth getting a solicitor now? or wait for a court date?
Are the Dec1997 fixed penalty points still 'live' or are they wiped after 3 years?

Am I f****d??


FYI it was a straight, relatively clear damp but not wet (no spray) three lane motorway. Just pulled onto motorway, accelerated past slower cars infront and had reduced back down to 75-ish before the blue lights came on

Dave T-S

1) Lucky bicycling weather is approaching - cos that's probably what you'll be doing for 30 days or so!!

2) If you have a Scoob, advertise it for sale now - your insurance renewal premium will give you a heart attack otherwise.....

3) Stuart can advise you better on the legalities.

4) £5 says you are a regular under a nom de plume

[This message has been edited by Dave T-S (edited 31 January 2001).]

caught speeding

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by Dave T-S:
<B>1) Lucky bicycling weather is approaching - cos that's probably what you'll be doing for 30 days or so!!

2) If you have a Scoob, advertise it for sale now - your insurance renewal premium will give you a heart attack otherwise.....

3) Stuart can advise you better on the legalities.

4) £5 says you are a regular under a nom de plume

[This message has been edited by Dave T-S (edited 31 January 2001).][/quote]


1) thanks
2) double thanks
3) Thats what I'm hoping...
4) ......could be

Dave T-S

£10 then

Dave T-S

Mail me off BBS with your ID - promise I won't tell - you can trust me - i'm a Muppet

Dave T-S

PS - You aren't StuartH are you????

cwal1

Caught Speeding,

Do go and see a solicitor and get some real advice.

From personal experience I would say you're likely to get a ban. I got caught doing 104 with mitigating circumstances ( some nutter trying to run me off the road - Police admitted in court that this was the case ) but still got a 14 day ban, no points and a £90 fine.

With regard to insurance mine on an STI 5 was £1400 the ban and at renewal time had gone up to £1450. Rang around and got it for £1140 so I wouldn't sell your car just yet

Good luck, Chris.

Darren Thompson

I got caught some years ago (5 years ago.) doing something very stupid in a company car, 104.6 MPH in a 50. I had 6 points and then went for a nice day out to Barrow Magistrates Court and took a good solicitor ( It was cheaper than a taxi back if they banned me.) I could prove that if I lost my license I would loose my job and the effect the ban would have on my life. I ended up with a big fine and 6 points putting me on 12 points and told the reason he had done this was if I was caught again I would be banned and I would not of learnt my lesson. Get a good solicitor and get some letters and character references.

Darren.

Chris L

Agree with Chris - get yourself a solicitor and prepare for the worst . There was a thread a few days ago recommending a solicitor down in Brighton. I can't remember his name, but I know that he has got more than one person off with points and a fine, rather than a ban. Might be worth doing a search on it.

Chris

Stuart H

First thing that's worth remembering is VASCAR gives an average speed <B>AND</B> reads in the motorists favour. In reality your AS was probably a little higher. It is also the most difficult form of speed detection apparatus to contest.

In reply to your other questions:

1)Yes, because that's his job
2)100+ is automatic ban territory although as you're only just over the limit you <I>might</I> be OK. I have to say, your previous collection of points won't help matters
3)Anything between 3 & 6
4)Its a possibility - things like the surface conditions and your driving record will be cited
5)Speak to a solicitor - The UK Speedtrap Guide has a free legal team at

Stuart H

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by cwal1:
<B>Do go and see a solicitor and get some real advice.[/quote]

Don't I qualify as 'real advice' then?

Jerome

As previously stated, you can keep your licence if you can prove you will lose your job or suffer undue hardship if you are banned. You can only do this once in a three year period. If you use this defence and you get caught for anything that warrants points for the next 3 years, you will be banned regardless of the consequences to you. Good luck in court.

Sell the Scoob and buy a diesel Maestro until you are out of the 3 year period.

Jerome.

robski

Flame suit on, but the I would loose my job stuff really annoys me.

If its that vital to your job, you should be a bit more aware of what you are doing IMHO.

...jumps into vat of water for double flame protection!

robski

fast bloke

Robski, you are entirely missing the point here. Caught speeding was as they say caught speeding. He/she fully deserves a ban (not for speeding, for getting caught), but has asked our advice on the best way to get off lightly. If you have never ever ever ever broken 1 speed limit in your entire life then you are in a good position to cast aspertions. Otherwise head for the water...

Rum*

Good solicitor...I was caught on Saddleworth Moor/M62 doing 104 in 1998 (prior to owning the Scoob...and dare I say it driving a Toyota Corolla!!)...I have a client who is a sound solicitor and without attending court I was fined £200.00 and given 6 pts...his fee for dealing was £100.00! He even got a solicitor mate of his to attend on his behalf??!!...

I hasten to add that following the above my insurance did not increase...but I guess thats a perk of the job

cwal1

StuartH,

Don't worry - of course you are real !

Chris.

Dave25

Andreas Serghis is the solicitor that has been mentioned on this board before and did great things for me a few weeks back and got me off a very probable ban on a day when *everyone* else up before the magistrate was banned.

I got the number from Mark Underwood who can also recommend him.

Andreas Serghis & Co are on 01273 626762

[This message has been edited by Dave25 (edited 31 January 2001).]

caught speeding

Thanks very much for all the advice, especially Stuart (there is a good one out there )

I have spoken to a solictor, who was a great help. Richard, you may be right, but belts and braces and all that!

Basically over 100 is 'automatic' disqualification territory, and as he put it, I was 0.5 mph bloody unlucky That being said, 'managing the ban' he confidentally did not feel will be a problem. Any ban would be c1 month, they have apparently stopped the 14 day bans as people just went on Holiday for 2 weeks! Max ban for this is 56 days.

He said likely outcome was 5 or 6 points, and a £350-400 fine but could be worse

My points from Dec 97 are expired, so I sit here with just 3, plus what ever I get from this act of foolishness

Stuart - my question about him having to report it, was just because his demeanour was very much 'I'd let you off with less if I could, but now its logged on the vascar....?'

Robski, thanks for your constructive advice If we lived in a country with realistic speed limits I might agree with you. But as motorist are simply the government's easiet target to improve crime figures, guaranteeing 'conformity' to all speed limits is now almost impossible. The dual carridgeway I caught pulled on two years ago was wide, 10 foot central reservation with nothing but a couple of shops and a factory on, and no speed signs. Yet it was classed as a residential area (the nearest houses were almost a mile away) and as such it was a 30 limit, brought down from 40 a few months earlier. I was perfectly aware of what I was doing

My act last night was stupid, I know it, and it has already affected the way I drive. Whatever punishment I get, I have brought on myself, I have no excuses, no-one has a reason to drive over 100mph (except premiership footballers or a politicians/Chief Constable's Chauffeur ) All I can do is hope I get magistrates in a good and forgiving mood

I will keep you all informed of all developments, and eventual outcome
.......and maybe even disclose my true identity when it's all over


Dave T-S

Stuart H

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by caught speeding:<B>Stuart - my question about him having to report it, was just because his demeanour was very much 'I'd let you off with less if I could, but now its logged on the vascar....?'[/quote]

It could have been down to the fact that there was PolicePilot in the car or just been down to the fact that you were that 0.5 over.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR><B>Thanks very much for all the advice, especially Stuart (there is a good one out there )[/quote]

I do try

DTS

You have mail mate

[This message has been edited by Stuart H (edited 31 January 2001).]

sgould

It may have already been said above, but:

You can only get 2 of the following 3;
Ban
Points or
Fine.

Dave T-S

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by Stuart H:
<B> I do try

DTS

You have mail mate

[This message has been edited by Stuart H (edited 31 January 2001).][/quote]


Stuart
You also have mail.....

IntegraR

So whats this whole malarchy about losing your licence if you're caught going over 100MPh?
I dont know where I heard that, but I certainly did, and it seems to be the popular (mis?)conception amongst peeps Ive spoken to.
Did anyone else read the story in Max Power (someone had left it on the train, and it was open on this page, I didnt buy it, okay ), he has two previous convictions, both over 100MPh, and he got busted at something like 150MPh, and he got a rather short ban, not sure how long (ill check when I get home. er, it fell off the train, and into my house).
It seems there is very little continuity between the different sentences, so I guess its a lottery of luck then.
Tell them Jack Straw was tailgating you.

mutant_matt

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by sgould:
<B>You can only get 2 of the following 3;
Ban
Points or
Fine.[/quote]

Not true, if you have 9 points, you could get 3 for speeding, and a fine and then banned for totting up 12 points!!

I know someone this happened to

Matt.

MartinM

Wish I had an alias to use here...

My total driving history (&gt;25 yrs, eek) is:

80.1 in a 50 - 7 days + £140, no points
..which timed out (3yrs)

Then 47 in a 30 - fixed pen (£30?) + 3 points
Then 96 in a 60 - 7 days + £180 + 6 points, but when my licence came back, there were still only the 3 points on it, because *allegedly* 'points awarded at the same time as a disqualification are nulled by the disqualification' - so magistrate could have given me a zillion points

Now all timed out...aahh, nice clean licence

Touching wood.....

Danny Fisher

Stuart, Whats a POLICE PILOT?

Dan

fast bloke

It sounds like one of those things you find behind the steering wheel of most scoobs....

Stuart H

PolicePilot is the speed detection part of the ProVIDa in-car video system. See

pat

The simplest solution to any breach of the Eleventh Commandment is to make sure that there are no witnesses and no evidence. Always carry a Bazooka for those awkward occasions where it's necessary to get rid of a nasty Klingon

But on a more serious note, throw a decent solicitor at it and request a Crown Court trial (this will slow down the process, and IIRC, since the charge is a criminal offence, is your right as a defendant).

Lastly, if you must drive at a speed where you're not likely to fall asleep of boredom (ie break the speed limit) then try driving in a sensible country where they don't have outdated and unrealistic traffic laws.... there's one just across the channel.

Cheers,

Pat.