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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69525
Experience:  Over 5 years in practice
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I have been summoned to court i was on the motorway

Customer Question

I have been summoned to court for speeding i was on the motorway and it was a 50 and my averaged out speed was 78. My licence has been clean for 1yeah and 6 months as this is how long i have been driving for. What is likely to happen? Do I need representing? What do I need to prepare? Would anything go in my favour? I also heavily rely on my car for work.
Any answers would be much appreicted.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How many points do you have?
Customer: replied 1 year ago.
None
Expert:  Jo C. replied 1 year ago.
I thought you said it was clean for a year and a half? Or do you mean you passed a year and a half ago?
Customer: replied 1 year ago.
I passed a year and a half ago
Expert:  Jo C. replied 1 year ago.
Oh I see. Do you dispute the speed ?
Customer: replied 1 year ago.
No as I have pleaded guilty. I would just like to knowwhat the wosrt outcome could be for me and what i need to prepare to take to court with me
Expert:  Jo C. replied 1 year ago.
It isn't particularly good news.
If this is 78mph in a 40 mph zone then I'm afraid that takes you 3 mph over the highest sentencing bracket. For those caught at between 65-75 mph the penalty would be either 6 points or a ban of between 7 - 56 days.
If this is an average speed detection detected by cameras then that will be fairly reliable. VASCAR devices are more open to challenge but if you have pleaded then you have pleaded.
I'm afraid I would expect a short ban. That said, that might be better than points for you as 6 points would lead to revocation of your licence because you are within the new driver scheme and that is the minimum sentence that they could impose. A short ban will, at least, be short and it will not mean you have to take the test again. That said, it does have a horrendous effect upon your insurance.
There will also be a fine of between 75-125% of your weekly income, costs of £85, the court charge of £180 and the surcharge of 10% of the fine.
In terms of representation, it is better to be represented generally but there is no legal aid so it will rack up costs.
In terms of mitigation, generally with very high speeds you want to be emphasising your hitherto good record, absence of heavy traffic, clarify of weather conditions and vision, etc if indeed you truthfully can.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
i was in a 50mph zone and my speed was averaged ouy to 78 so does the same apply in your first paragrph?and could you just clarify the cost for me. Thank you
Expert:  Jo C. replied 1 year ago.
Sorry, I read that as 40.
I'm not sure whether that is better or worse. It places you at the bottom end of the highest sentencing bracket which would mean 6 points or a ban of 7-56 days. You would not normally be banned but that would lead to 6 points which would lead to revocation.
The good thing about that is that you can take the test again immediately so there is no ban period.
If you can live with revoocation then it is probably not worth representation. It is not likely to lead to a ban.
If you use a barrister under public access a plea and mitigation would probably be between £300-£500 plus VAT. A solicitor would be much more.
Customer: replied 1 year ago.
sorry could you tell me more about the costs of the fin which I would get
Expert:  Jo C. replied 1 year ago.
75-125% of your weekly income.
Customer: replied 1 year ago.
ok thank you. what should i tak with me to court on the day?
Expert:  Jo C. replied 1 year ago.
The Court may ask you to bring evidence of your means but usually that isn't required. They just get you to fill out a means form.
You don't actually have to attend. You can plead by post. It depends if you want to try to persuade them to do anything other than what they would normally do.
Character references can always be handed up.
You are not going to prison so there is no need to take property.
Customer: replied 1 year ago.
so if my licence does get revoked there is no ban period and i can take my test as straight after my court hearing? and with regards ***** ***** fine if i earn £250.00 a week the maximum i ould get fined is £250 or less is this correct?
Expert:  Jo C. replied 1 year ago.
Not if you are revoked. You can take the test the following day although the reality is that there is usually a delay.
No, the maximum you could be fined is £312.50 which would be 125% of your weekly income.
They can go outside the sentencing range sometimes but there is no reason to do so here.
I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69525
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
so what is the £85 and the £180 I would be paying?
Expert:  Jo C. replied 1 year ago.
Costs and the court charge.
Customer: replied 1 year ago.
on my letter I recieved it said I only had to pay £85.00
Expert:  Jo C. replied 1 year ago.
That is for costs. That is all that will be.
Customer: replied 1 year ago.
so I won't need to pay the £180?
Expert:  Jo C. replied 1 year ago.
No, you will have to pay that. That is the new court charge.
Customer: replied 1 year ago.
sorry I am confused my letter said i had to pay £85 whatis this the cost for then if the £180 is for the court charge
Expert:  Jo C. replied 1 year ago.
I'm not sure what you mean?
Costs are £85. The Court charge is £180. The fine is 75-125 % of your weekly income. The victim surcharge is roughly 10% of the fine.
Customer: replied 1 year ago.
but on my letter it does not say anything about £180.00 so how would I of known to pay this I have only been advised about the £85.00
Expert:  Jo C. replied 1 year ago.
Because the court will impose a sentence upon you and notify you. As they will with every other part of the sentence.
Customer: replied 1 year ago.
so the court will tell me about the £180.00 when i have my hearing? is this correct
Expert:  Jo C. replied 1 year ago.
Yes, it will all be covered at the time of the sentence.
It is a very controversial new charge levied in addition to costs that the courts are not happy about.
Customer: replied 1 year ago.
so will i have to pay this on the day as well or will i get time to pay for this?
Expert:  Jo C. replied 1 year ago.
The order will be made on the day but they will give you time to pay. Usually they make a collection order for payment within 28 days but allow you to negotiate gradual repayment. The advantage of gradual repayment is that they don't add interest.
Customer: replied 1 year ago.
ok thank you for your help
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.

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