Speeding

[Guest tom-zero]

Hi could anyone advise me on this.

 

lets say a friend of mine think he got caught speeding on the bottom of the m1 south bound just b4 the m25 at about 95 or 96 mph I'm sure the camera flashed but hoping it was someone in the outside lane going faster as no speed limit was displayed and had been under all the cameras at a similar speed with no issues, I had a feeling they activate at 100 for some reason If no speed is displayed, does anyone have any experience with these cameras or what penalty my 'friend' might expect to receive if he has been caught It was In a courtesy car so might be some time b4 hearing anything. if it makes any difference the roads where dry and fairly empty and was around 11pm on a Sunday night.

 

thanks Tom

[richardm6994]

being caught at 100mph+ is a day in court and a minimum of disqualification.....you can plead in court not to get banned, but unless you have exceptional circumstances they will still disqualify.

If your friend saw the flash, then nowadays it's almost certain you're friend will be getting a letter through the post within the next few weeks.

 

The only small bit of hope your friend can cling onto is the fact that car speedos generally read slightly higher than the actual speed of the car......so if the car's speedo was reading 97mph, then the car was probably doing about 93mph and so they'll not get a ban, just points and a fine.

Edited July 30, 2014 by steamer

[Guest tom-zero]

the spedo was reading 99 set on the cruise control for the exact reason you mention about loosing your licence above 100 so I thought about 95 96 in real terms

[richardm6994]

However be midful that a slight downhill gradient could cause the car to increase in speed beyond the 100+ ban zone!!!

 

This person, by setting their cruise control to 99mph on the motorway has knowingly and deliberatly broken the law and as such they would be shown very little sympathy during their day in court and would most probably loose their liecence.

Edited July 30, 2014 by steamer

[richyb66]

99mph on the speedo isn't going to be 96mph actual that would get you a summons. It's probably more like 92mph which should be a fixed penalty.

 

I reckon 3 points and £150 fine. I'd be more concerned if it wast wet or busy at the time which could lead to a charge of dangerous driving which has more severe consequences.

[richyb66]

Just spoke to my dad - he got done for 96 on the motorway last year (he's 69 bless him!). They claimed the road was wet and it went to court but he didn't attend because he was out of the UK at the time but he had to fill out a statement which was read in court and he contested the claim that the road was wet and that the offence was less serious then they were claiming.

 

Outcome, £330 fine £60 victim surcharge or some such thing, 6 points. No ban though.

 

He has got previous form for speeding (who hasn't these days?) so he was worried about a ban. He did say that the penalty he got was pretty well in the middle of the Migistrates Court Sentencing Guidelines that are available on line but don't make pleasant reading. According to them, he could still have been banned but if this was the case, he would have got fewer points.

[Guest peter2b2002]

a few years ago my brother left coventry at 3 am to go fishing from norfolk coast , a few days later he found out he had lost his license due to going through a few speed cameras on the way, roads were dry with and empty of traffic on the way

peter2b

[ozz]

Assuming a 70 mph speed limit the sentencing guidelines have a range of 4 to 6 points to a 7 to 28 day ban for speeds between 91 and 100 mph.

 

The 28 day ban would be for 100 mph with some aggravating features such as heavy traffic or poor weather conditions. (BUT If Driving standard was considered poor and a poor record of bad driving/speeding could see a ban of up to 6 months)

 

In the absence of aggravating features the starting point for say 96 would be 6 points or 14 day ban.

 

If your friend wished to avoid the ban he should have the following to hand

 

1. A letter from employer on headed note paper stating that if banned employment would be terminated or at risk.

 

2. A figure for annual milage showing lots of miles and very few offences.

 

3. An explanation (not involving cruise control) as to why speed crept up - unfamiliar, more powerful or quieter vehicle.or a genuine reason for being in a hurry.

 

4. List of things the licence is used for which benefit others. - Under 13s football mini bus driving, taking granny to her hospital appointments.

 

5. Take both parts of drivers licence

 

6. And most important a contrite attitude

 

All should be verifiable and true as perjury is much worse than speeding.

 

The Fine is band B which is a weeks wages. A means form will come with the summons.

 

Because of the risk of a disqualification It will be best to go in person otherwise the case will simply be adjourned for consideration of disqualification and the next Court will then have a ban at the forefront of their mind. Don't drive to Court as you may not be able to drive home.

 

My gut feeling (based on my local court) for a friend with a clean licence at say 96 mph would be 6 points a weeks wages as a fine and a stiff telling off.

 

Any faster (but less than 100) short ban same fine.

 

Next time set the cruise control to 88mph (and 121 gigawatts)

 

Ozz

 

http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_(web)_-_July_2014.pdf

 

see page 131

Edited July 30, 2014 by ozz

[maw]

I guess your 'friend' is going to worry for the next fortnight & adjust their driving style accordingly... That might be enough for a long term habit change... Ozz's advice is sound, I would also recommend you represent yourself, speak honestly & compassionately should you be called to court - this is often seen favourably by the courts.

[Guest tom-zero]

Thanks some very useful information there

[Guest Gargoil]

I don't know much about that particular stretch of motorway, but as it is a motorway, I am presuming that this is a gantry mounted speed camera with enforcing signals above.

If it was me and I had just received the summons and it was looking like I would be going to court, the first thing on my list, would be to ask for the fault log for the camera site.

This would really be concerning the signal above the lane you were travelling in. These signals can go faulty and it just needs a few LEDs out, for the ticket to be made void. There are programs within the signal which should stop this from happening but they are unreliable and worth contesting if the fault log shows any faults on the signal. My understanding is that the signals have to be active for a ticket to be issued but this may vary from region to region. Also, there are some dummy cameras out there, which will flash, you just might get lucky. There may be a way of telling if it is a dummy, but as I said I am unfamiliar with that part of the network.

In truth, if this person was doing those sort of speeds without a good reason, perhaps a little lesson is a good thing....

[Guest tom-zero]

I think it will be longer than a fortnight because of it going through hire car company first

[Guest Gargoil]

I guess your 'friend' is going to worry for the next fortnight & adjust their driving style accordingly...

 

As I found out to my cost, this isn't strictly true.

The issuing office just has to post out the "intention to prosecute notice" within the allotted time and they can then take their own sweet time. I had my notice through the door 5 month later because it was a company car and the notice went to the car owner first.

[kevin the chicken]

Having just looked at your profile I am going to assume that your friend is the same sort of age as you, meaning that he fits in to the group that I see (as a firefighter) who have the most single vehicle accidents ie males 25 and under. I expect all of us have exceeded the speed limit and probably a large percentage have fallen foul of the law at some stage(myself included) or other but with modern speed cameras this sort of speed is asking for trouble. To set cruise control at this speed even on a motorway shows a disregard for the law which does not bode well! Could well be a useful if expensive lesson.

[sj-bradley]

To be honest, yes I used to speed when I was younger.

 

Now with google maps, you can see what the mileage will be so you should work out how long it will take at normal speeds, add 1/2 hour for delays and drive at the speed limit.

 

It's more relaxing as you are not in a rush then and can enjoy the drive without worrying about speeding ...

 

What really ticks me off though is the people who jump red lights. In my opinion MUCH more dangerous ...

 

You have enough stress at work nowadays, why add to it by speeding ?

 

Simon.