caught by a speed camera

Discussion in 'General 1000RR Discussion' started by Julian, Mar 26, 2014.

  1. Julian

    Julian Active Member

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    Notice is hereby given of the intentention to take proceedings ..... What does that mean ? Caught doing 92 in a 60....I know !! What can I do ? Anything ? I was on 9 points about 4 years ago will they have gone by now ?
     
  2. graemewalker

    graemewalker Elite Member

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    Yes off your licence now only 3 years but 5 years from date of offence to remove,92 I don't think it's a ban but not sure what outcome will be ,I just received one last week but was offered a speed awareness
     
  3. Mike07

    Mike07 Active Member

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    Sorry to hear this, I don't think its good news, sounds like no 'Penalty' fee, ... but intending to send you to magistrates for them to assess the situation. Not too sure with the points, may be three years that they come off the licence but four to be finished.
    Good Luck,
    Mike.

    .Gov.uk

    3. How long endorsements stay on your driving licence

    An endorsement must stay on your driving licence for at least 4 years from either the date of conviction or the date of the offence.
     
    #3 Mike07, Mar 26, 2014
    Last edited: Mar 26, 2014
  4. graemewalker

    graemewalker Elite Member

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    Legal Procedure and Paperwork
    I have been caught speeding. Is an instant driving ban likely?
    Generally speaking, the higher the speed, the greater the risk of an instant ban and as a general rule of thumb, when the speeding offence is in excess of 45% of the speed limit, there is a risk of an instant driving ban:
    Speed Limit
    Speed Alleged
    30 mph In excess of 51 mph
    40 mph In excess of 66 mph
    50 mph In excess of 75 mph
    60 mph In excess of 85 mph
    70 mph In excess of 100 mph
    What is the likely length of an instant ban for a speeding offence?
    It can vary from 7 to 56 days in most cases but in extreme case, could be as long as 120 days. The range of penalty points is 3–6 but in certain circumstances, the Court will impose an immediate ban and no points. However, if you already have 6 or more points on your licence and the speed alleged is so high that you would normally face an instant ban, the probability is that the Court will impose 6 points which would make your total 12 or more and you would face a totting up ban of 6 months.
    Totting Up Procedure
    Found this May be of use
     
  5. Pete H

    Pete H Active Member

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    Not a good place to be Julian, more than 30 over the limit means no discretion to offer a penalty points option, it has to go to magistrates for them to adjudicate, strong possibility of a couple of month ban and a big fine I'm afraid. This is the magistrates guideline sheet.

    If you need transport for work I'd seriously consider getting a brief for this.

    http://www.motoroffence.co.uk/uploads/files/pdf/speeding-penalty-pdf.pdf
     
  6. graemewalker

    graemewalker Elite Member

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    Max ban is only 56 days so not so bad plead with them for a speed aware. Easy to do that speed on a bike prob only felt like 60 anyway.its not the crime of the century bud taking murderers get away Scott free
     
  7. Si.

    Si. God Like

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    It depends on the magistrate... I got done a few years back for 99 in a 50...9 points and £300.

    Someone else i know, got a 3mth ban for 97 in a 50.
     
  8. r1monkey

    r1monkey Active Member

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    i got done for averaging 89 in a 60 back in the early 1990s' , fekin 6 month ban and £275 fine ! , they did me for dangerous for crossing the solid white lines in the road out in the countryside (not overtaking just taking the racing line when no traffic coming the other way)
    i wish i had taken a solicitor with me as i was only a bairn at the time.
     
    #8 r1monkey, Mar 26, 2014
    Last edited: Mar 26, 2014
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  9. sinewave

    sinewave God Like

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    Even though a lot of your existing points may have 'technically' expired your previous history won't be lost on the Judge, and they may well dish out a harsher sentence as they may feel you've not 'learnt' from your previous points etc.


    Agree, get a Solicitor reet rapid! :eek:
     
  10. martinowen

    martinowen Moderator
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    I think they have the power to ban at ove 20mph over the speed limit

    In court explain that you are sorry and how much you need your licence for your job etc and you should get away with points and a fine, maybe a corrective course

    What ever you do don't quote that there are murderers etc getting away with crimes while you are doing this bla bla bla as this will just piss them right off and prob end up with worse at the end of it
     
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  11. r1monkey

    r1monkey Active Member

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    funny that.. they can't take any previous stuff into account if you are a thief or rapist ,but they can bring up past motoring offences.
     
  12. sinewave

    sinewave God Like

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    They can always take previous in to account, just unofficially that's all, so it's never referred to in Court, but still reflected in the sentence.
     
  13. graemewalker

    graemewalker Elite Member

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    I agree there si but they should not do that as it is spent,but agree as I know a dd who got his previous taken in even tho it was many years previous law to themselves those do good magistrates
     
  14. graemewalker

    graemewalker Elite Member

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    Not wrong there bud
     
  15. graemewalker

    graemewalker Elite Member

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    Agree Martin but I would rather take a short ban as live on a knife edge with 9 points bud
     
  16. Pete H

    Pete H Active Member

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    Previous offences are always taken into account for sentencing. On rare occasions someone's previous can be raised in open court but usually only if the defendant is claiming something like they didn't know what they were doing was illegal, bit difficult if they've previously been locked up for it.

    Drink driving has specific sentencing guidelines which mean if you've been caught a second time you are looking at a minimum three year ban. Still too f**kin soft on them in my mind, I'd amputate their feet.
     
  17. Ian E

    Ian E Active Member

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    You have no chance of being offered a speed awareness course at that speed.

    If your existing points are over 4 years old I'd get the license sent back to get them removed ASAP. I had expired points on my license and the Solicitor representing me said I should have had them removed. If you need your license for your job get a letter from your employer which will help.

    I think they knock you 1 point off for a guilty plea? (they used to anyway).

    Some useful stuff on the net - e.g. http://www.pepipoo.com/

    Sent you a PM.

    Cheers,

    Ian.
     
    #17 Ian E, Mar 26, 2014
    Last edited: Mar 26, 2014
  18. Kentblade

    Kentblade God Like

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    Just loving that quote R1monkey, please tell me you told the beak that you were just taking the racing line on a public highway!! that alone is worth getting a ban for just to say it out loud in court...fooking quality matey
     
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  19. BladeJogger

    BladeJogger Member

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    Speeding is an offence,not a crime so previous convictions are not recorded like say a theft or drink/drive,if points are older than four years get them off your driving licence.i wouldn't bother with a solicitor,I suspect you will get 6 points and a fine,good luck.
     
  20. r1monkey

    r1monkey Active Member

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    erm no , i was in a 2.8 capri that i had owned for 1 week . the statement from the police stated that the police car was doing its maximum speed and took 2 miles to catch me(see following without blue lights to get a vascar reading)
    they asked me why i was travelling at speed and i honestly answered "to see how fast it would go"
    still don't know why they threw the book at me !

    you live and learn
     

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