75 in a 60......

EspressoJunkie

EspressoJunkie

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I got caught coming off a dual carriageway doing 75 in a 60, by a speed van a couple of weeks ago, and I've just received a notice of intended prosecution.

The thing is that this is my 3rd time being caught speeding in 2 years. I've only 3 points though because the first time I did the speed awareness course.

Is anyone here knowledgeable enough to hazard a guess at what I'm looking at for this?

I take it that a notice of prosecution means I'll have to go to court?

This wouldn't be serious enough to warrant a disqualification would it? :O
 
No...the NIP doesn't mean you have to go to court.

You have to check it, confirm you're the registered keeper, and that it was you driving, and return it to the address given.

The points awarded (I think) will be between 3 and 6, so under the totting up system it shouldn't take you past nine.

However, I have no idea how dim a view they'll take of you being done for speeding twice so soon after a SAC, or if they have the ability to increase the number of points given or ban outright.
 
If you go to Court the thing now is that it is £150 Court costs before you get any fine or points. If you plead not guilty and are found guilty the costs are £150 upwards to £1000 before any fine or points.:eek:
 
The thing is, it's only two times you've been caught.

Realistically and honestly...
 
viv1969 said:
No...the NIP doesn't mean you have to go to court.

You have to check it, confirm you're the registered keeper, and that it was you driving, and return it to the address given.
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No, wrong. The NIP (Notice of Intended Prosecution - the clue is in the title) is just advising you that you are being considered for the matter of prosecution (ie at Court).

The thing you need to reply to is the Section 172 requirement. This is the legislation that requires any person who may have such information to give this information as to the identity of the driver at the time of certain Road Traffic offences.

See this. Part 2 is probably the most important but it's all worth a read. I got done a couple of years ago:rolleyes:.

http://www.legislation.gov.uk/ukpga/1988/52/section/172
 
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I thought they should tell you of how they intend to deal with the offence. Either offer points and fine (usually quantified by a fixed penalty notice) or let you know they intend to deal with it at court (due to severity or points tally). However you do not have to take the fixed penalty if offered and can elect to go to court. Unless you have a good defence the later may not be the best choice in my opinion.
 
EspressoJunkie said:
Lol. Would you believe me if I told you I was unlucky both times after that?

(I really was!)
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Getting caught the 1st time might be considered unlucky, doing the same thing again twice and getting caught again twice......I would consider it idiotic.
 
Wonderful that we have so many good people in this single forum who would never dream of breaking the speed limit........ amazing actually......
 
@ST4 is probably your man for knowing what happens... though admittedly he was in scotland.

that aside i'd do yourself a favour in court (if it gets that far) and not mention how it was all bad luck - the attitude they want to see is 'yes I was stupid , i fully accept responsibility and it won't happen again' - I suspect you'll wind up with 6 points , though you might luck out with 3... so that won't be a disqual , but do be damn careful not to do it again as 12 is a ban unless there are extreme mitigating circumstances.

by the way looking at your user name you might want to lay off the espresso - too much caffeine makes one drive agressively
 
75mph in a 60. I really doubt that will make court. In all honesty you have very little to worry about other than 3points, a small rise in insurance and £100 of your hard earned. Unless there is more to this story than we are seeing I fully expect you to be issued with a FPN shortly.

PS, isn't an the FPN also come as an NIP. Is there not a pentalty attached stating if you admit the crime you can accept x points and y fine. Its only if you appeal x points and y fine for such an offence is the matter heard in court.
 
Only 1 in 10 people have points on their licence, according to Google.

Either there are a lot of lucky drivers or a lot of drivers that obey the rules; or a combination :)
 
kendo1 said:
Only 1 in 10 people have points on their licence, according to Google.

Either there are a lot of lucky drivers or a lot of drivers that obey the rules; or a combination :)
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1 in 10...at anyone time. I have no points on my licence but thats not really an accurate portrayal of my driving history. Points drop off.

Everyone speeds. Maybe only a little by accident, some take a 10% plus 2 approach and stay within tolerances set, some drive fairly quickly most of the time (motorway warriors like my mate that will just cruise at 85mph and onwards to just under 100mph) some drive very fast but only on a few occassions and do the odd burst at over 100mph. But everyone speeds but will only get caught maybe once or twice in a driving career that lasts over 50 years, and as points drop off after 3 then most licences should remain pretty clean.

To get 6 or 9 points on at anyone time means you've been done 2x or 3x within 3yrs, which is not the norm.
 
ST4 said:
1 in 10...at anyone time. I have no points on my licence but thats not really an accurate portrayal of my driving history. Points drop off.

Everyone speeds. Maybe only a little by accident, some take a 10% plus 2 approach and stay within tolerances set, some drive fairly quickly most of the time (motorway warriors like my mate that will just cruise at 85mph and onwards to just under 100mph) some drive very fast but only on a few occassions and do the odd burst at over 100mph. But everyone speeds but will only get caught maybe once or twice in a driving career that lasts over 50 years, and as points drop off after 3 then most licences should remain pretty clean.

To get 6 or 9 points on at anyone time means you've been done 2x or 3x within 3yrs, which is not the norm.
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And what proof do you have that everyone speeds?
What's your source, or is it just opinion?

Just pulling your plonker :)

My impression is that most people do at some time or other, but I have a clean licence and have never had a point on it and have been driving for forty years.

I'm courting disaster now!
 
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kendo1 said:
And what proof do you have that everyone speeds?
What's your source, or is it just opinion?

Just pulling your plonker :)

My impression is that most people do at some time or other, but I have a clean licence and have never had a point on it and have been driving for forty years.
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Opinion. I am out there most days in the car. Although its great fun to complain about cameras, traps, police cars, unmarked police cars encountering a trap whilst speeding statistically is pretty unlikely for most people unless they routinely speed and drive a significant annual mileage.

Anedotally, I know quite a few people who've had disqualifications and ones much much longer than mine. I also know people with "clean" licences (clean in the sense the points have dropped off) and a few with unblemished licences. But those unblemished licences aren't held by perfect non speeding drivers. They just haven't been caught...
 
ST4 said:
75mph in a 60. I really doubt that will make court. In all honesty you have very little to worry about other than 3points, a small rise in insurance and £100 of your hard earned..
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if it was a first offence i'd agree - but the third time in 2 years might make them think differently - it might also depend how long ago his last speeding offence was ie they might be more lenient if it was 23 months ago than if it was last month
 
big soft moose said:
if it was a first offence i'd agree - but the third time in 2 years might make them think differently - it might also depend how long ago his last speeding offence was ie they might be more lenient if it was 23 months ago than if it was last month
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Doesn't completing the speed awareness course mean that one of those offences is expunged from all records?
 
big soft moose said:
if it was a first offence i'd agree - but the third time in 2 years might make them think differently - it might also depend how long ago his last speeding offence was ie they might be more lenient if it was 23 months ago than if it was last month
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I really do not think thats looked at in the case of an FPN type case. Its only once it is front of a judge making sentencing decision that it will come out.

Trust me, I was in a very similar to the OP having been done speeding 4 months earlier (96mph on the M5 - 3 points £60) then getting done by a camera on the A69 (73 or 72mph in a 60) and getting the choice of 3points £60 or a course. I took the course. The particulars of the previous offenses do not come out and the individual force seeks to a prosecution consumerate to the speed and road, rather than how many times the driver done it before. its only when the speeding goes outwith the range to which a standard FPN is used are other factors looked at (such as maybe 88mph in a 60mph or 105mph in a 70)

Unless there is more than meets the eye to this, and I doubt it given the speed and the detection device (camera) its a fully automated process practically.
 
ST4 said:
Sort of. If you are done within 3 years of a minor speeding offence of completing the course, you will not be offered another course.
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Ah right. Cheers.
 
fair enough - thinking about it one of my colleagues was in a situation where he had to ask devon for a delay on processing his FPN because his driving licence was off being endorsed for an offence the previous week in avon and somerset, he only got 3 for each
 
big soft moose said:
fair enough - thinking about it one of my colleagues was in a situation where he had to ask devon for a delay on processing his FPN because his driving licence was off being endorsed for an offence the previous week in avon and somerset, he only got 3 for each
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Exactly. It is only when the speeds fall outwith the guidelines that does any scrutiny get poured on the driver. Although I'd have loved to have heard the conversation regarding the delay of the driving licence.
 
I had a brush with this myself on friday when i got pulled for driving (in the words of the officer who stopped me) 'as if you own a bmw' not so much speeding but road captaincy , weaving in and out of the traffic, overtaking on the inside and that sort of thing.

Fortunately the cop who stopped me was one of the more human examples of the species so when I explained that my mother was in hospital and I was desperate to get there as quickly as possible he let me off with " stop driving like a twit, lad, you won't help your mum if you stack it into a bridge abutment'
 
ST4 said:
1 in 10...at anyone time. I have no points on my licence but thats not really an accurate portrayal of my driving history. .
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... No shit Steve.............:D
 
.
 
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I think you will get 3 points and a fine but I also agree with the others perhaps you should have a good think about your attitude to speed as you are on your way to a ban and a world of issues at your current pace.
 
EspressoJunkie said:
Oh this has slowed me down alright, I know I'm playing with fire otherwise.
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its not just that dude, its not clever to be constantly speeding when something goes wrong and someone else gets hurt.
 
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