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Non Diving Posts: Discuss speeding in the Non-Diving Related Forums forums: I don't think it's an automatic ban. I believe that 96mph is an automatic magistrates court appearance - ie the ...

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  #21 (permalink)  
Old 29-12-05, 03:24 PM
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Quote:
Originally Posted by Janos
I don't think it's an automatic ban. I believe that 96mph is an automatic magistrates court appearance - ie the police can't give you points and a fine on the spot. And although magistrates have guidelines they can ignore them if they want to (judicial independence) so I'm sure that you can get a lighter punishment (or indeed nothing at all) if there are extenuating circumstances.

Janos
police can give you a FPN once you're over 70 mph in a 70mph area, which can be a fine &/or points

over 96mph (or below at an officer's discretion) - you can be subject to summons

you'll find some further info in the guidance document from the chief police officer's association (page 6) at
http://www.acpo.police.uk/asp/polici...web_v7_foi.doc

given you have a summons - the magistrate has full discretion - so follow some of the suggestions above, wear your best suit and hope/pray
extenuating circumstances may or may not work, depending upon who is the magistrate

vid
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Old 29-12-05, 03:24 PM
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Quote:
Originally Posted by milldog
no i posted it to see if anyone has an idea as to what i might recive!
My Mam is a Magistrate. I've just asked her to have a look at her books to see what you might expect. In such circumstances the guidelines suggest 6 penalty points and/or disqualification for up to 56 days. If you had points on your licence a discretionary disqualification is likely. In any case you can plead special circumstances against your being disqualified, which in your case might be classed as mitigating circumstances ("emergency established").

The fine goes on a percentage of weekly take home pay (50%, 100% or 150%).

Hope this helps.

Hxxx
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Old 29-12-05, 03:29 PM
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116.4mph M1, open road four lanes no traffic one early Sunday morning three years ago.
got a barrister to represent me and got a 7 day ban and £150 fine including costs.
Use every trick in the book, find people who rely on you to make written statements for submission etc.
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Old 29-12-05, 03:30 PM
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Quote:
Originally Posted by Buoyant Babe
My Mam is a Magistrate. I've just asked her to have a look at her books to see what you might expect. In such circumstances the guidelines suggest 6 penalty points and/or disqualification for up to 56 days. If you had points on your licence a discretionary disqualification is likely. In any case you can plead special circumstances against your being disqualified, which in your case might be classed as mitigating circumstances ("emergency established").
Yes, but the up to 56 day ban is for speeds between 31 - 40 mph over the 60/70mph limit. Millbank was doing 46mph over the 70mph limit.....
Maybe we should have a sweep-stake??

Dianne
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Old 29-12-05, 03:32 PM
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To get out of it all you need be is a police chief or an MP.

No way you'll get over 6 months ban for that.

I would look at 30 - 60 days ban and probably 2 weeks gross salary fine; but then I'm just guessing !
Over 6 months would be far too excessive.

Some dude in Scotland only got a years ban for drink driving at 155mph whilst clutching his mobile phone to his ear......Mind you he was probably a police chief or an MP.
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Old 29-12-05, 03:37 PM
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Quote:
Originally Posted by vid
police can give you a FPN once you're over 70 mph in a 70mph area, which can be a fine &/or points

over 96mph (or below at an officer's discretion) - you can be subject to summons

you'll find some further info in the guidance document from the chief police officer's association (page 6) at
http://www.acpo.police.uk/asp/polici...web_v7_foi.doc

given you have a summons - the magistrate has full discretion - so follow some of the suggestions above, wear your best suit and hope/pray
extenuating circumstances may or may not work, depending upon who is the magistrate

vid
thanks interesting reading
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Old 29-12-05, 03:38 PM
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Quote:
Originally Posted by divetheworld
got a barrister to represent me
a good point

a good barrister/solicitor works most times

if you can afford to lose your license then don't spend the money, otherwise spend as much as you can on your defence

vid
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Old 29-12-05, 03:51 PM
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Old 29-12-05, 04:20 PM
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Quote:
Originally Posted by milldog
at the time my father had a masive heart attack i was on the way to him unfortunatly he didnt recover and died in september this year even though i explained that they still kept me by the road for an hour
i suppose they get that all the time
You ought to consider taking a legal representative to plead your case, I did it when I got caught doing 106 and survived a ban, I "only" got 6 points, a £480 fine, £30 costs...oh, and £850 legal bill, still a lot cheaper than the loss of income a ban would have given me.

Ian
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Old 29-12-05, 04:41 PM
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Personally I'd advise against a legal rep if your confident you can put you mitigation over well yourself. The personal touch always works a bit better in front of magistrates especially if your asked if you need a solicitor and respond along the lines of "Thank you but I'd prefer to apologise to the court in person..." Also bear in mind that your unlikely to get legal aid for a speeding; though at 116 they could have charged you with dangerous driving and that's a whole different ball game.

Seriously though a lot of good points have been made above, especially vis-a-vis some documentary evidence. A letter from your father's doctor or a relative who was with your father at the time would assist. If you can get some documents then arrive early at court and ask to speak to the prosecutor, not all traffic courts have one but hopefully you'll be lucky, and show him or her the documents you'll rely on. If they're a decent sort and most are they'll bear the circumstances in mind when presenting the case to the court.
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