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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Stopped by a police for doing 87mph on a 70mph dual carriage.

Customer Question

Stopped by a police for doing 87mph on a 70mph dual carriage. served a notice and he said at the time that it will liekly be an offer of speeding course or a fixed penalty point. Letter came through saying i should expect a court summon as speed was over the 60mph limit for the road.
I am double sure speed limit on that road is 70mph and the officer himself said this at the time. (I was driving a car not a truck) However in the slip he completed when he stopped me he wrote 60mph ( which must have been his mistake) on the speed limit.
With this technical error, what can I do at this stage?
thank you
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

Do you have any points on your licence? Do you accept the speed of 87 mph?
Customer: replied 3 years ago.

Hello Alex,


I have 6 points on my licence which was given 2 years ago.

I accepted the speed of 87 mph when the office stopped me and he showed me on his video recorder. It was an unmarked police vehicle driving behind me.

I apologised and pleaded for a verbal warning but he said he would have to complete the form as 87 was well above 70. He further said it will not be more than either an offer of a speeding course or a fixed notice based on the speed relative to the limit.

I gave me a copy of the form he completed but on getting home i then noticed he has put 60 as speed limit on that road ( instead of 70) which in my opinion was an error. the ticketing office obviously based thier judgment on 87 on 60 road rather then on 70 road which is why they have sent a letter to me that ' the speed at which you were travveling falls outside the conditional offer of a fixed penalty criteria and they will pass the case on to the Criminal justice unit who will now take responsibility of the offence and i will recieve a summons in due course.

Expert:  Alice H replied 3 years ago.
Thanks. Could you clarify what the previous points were for? Were they for speeding offences?
Customer: replied 3 years ago.

Yes , it was an SP50 offence, and given 6 points in June 2011.

Expert:  Alice H replied 3 years ago.
OK. Finally this: have you been offered the speed awareness course in the past? If so when?
Customer: replied 3 years ago.

I've been offered a speed awareness course which i just did yesterday!

I was caught doing 70 on a 60 zone in July which was why i was offered this course.


This current offence was 5 days ago and I told the officer at the time that I even have a speed awareness course which was would be doing on Thgursday ( yesterday ).

Expert:  Alice H replied 3 years ago.
Dear Michael

I'm afraid you won't be offered the speed awareness course twice.

The officer saying that it was likely you would be offered the course is not enough to avoid a prosecution I'm afraid. His words do not amount to a binding promise and in any event he may not have been aware of the full facts e.g. that you were waiting to do the course from an offence in July. Its probable that once the full facts came to light that the police decided to proceed with a prosecution.

Moreover, even if you were travelling in a 70 mph zone doing 87 mph puts you well above the threshold for the course. The threshold is speed limit + 10% which in your case would be 77 mph.

The issue about the zone is relevant if you are prosecuted. In a 70 mph zone a speed of 87 attracts 3 points. In a 60 mph zone the penalty is 4 - 6 points with possible disqualification 7 - 28 days. However, this issue can only be resolved by providing the police with evidence that you were actually in a 70 mph zone. You can do this either by writing to them and asking them to review their case or when you attend court.

But to answer your original question: the police will not offer you the SAC twice.


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