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Jo C.
Jo C., Barrister
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I have a court summons speeding offence, 96 mph on a

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I have a court summons for a speeding offence, 96 mph on a motorway. I have a clean license, 0 points. What is the likely penalty? Points, fine, disqualification or all three? My only defence is I had only had the vehicle three days and was unfamiliar with it and had not realised what speed I was doing until I saw the camera and looked down to check. I immediately slowed down when I realised but accept I was doing the speed recorded.
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Are you asking what sentence you will face?

Customer: replied 9 months ago.
No. I don't believe I will face a sentence (unless you are telling me differently)! I was asking what the points/fine/loss of licence is possible? I am a low earner self employed handyman so any/all of these will have a massive impact, no matter what.
Expert:  Jo C. replied 9 months ago.

If this is 96 mph in a 70 mph zone then you would be only just over the cut off point for a fixed penalty. In fact, they may grant you a fixed penalty anyway. They can do it when it suits them.

If they do summons then it will attract either 4 - 5 points and a fine. There will be court costs of £85 and the victim surcharge.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Can I safely assume that I won't get a driving ban? Also, what is the range of fine I can expect? I have received my court summons but it is in North England so I will have to make a written submission. Is there anywhere online that gives guidance or examples of acceptable mitigating circumstances? Is it worth stating my low income or is that irrelevant? The only points I can think of are that I'd only had the car three days and therefore unfamiliar with its performance, the need for my license for my business and therefore loss of such making work impossible, clear dry driving conditions at the time and a clean driving licence. Are these points worth including?
Thanks
Tim
Expert:  Jo C. replied 9 months ago.

Yes, it is not going to be a ban. It just wouldn't be appopriate here.

75-125 % of your weekly income.

There isn't usually much mitigation that can be raised with speeding. It is about expressing remorse and commenting upon your hitherto good record. Very high speeds are slightly different but that isn't your position.

I wouldn't really raise the points you mention. It is miles over the limit that denotes the penalty really.

Customer: replied 9 months ago.
Thank-you, that's just about all I needed to know. One final clarification if you don't mind. When you say 75 - 125% of my weekly income I assume you are referring to the range of the potential fine? If so, how do they know what my weekly income is?
Tim
Expert:  Jo C. replied 9 months ago.

Yes,

You disclose it to them. If you don't disclose or they take the view it is not accurate then they can deem you to be earning £415 a week.

Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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Customer: replied 9 months ago.
Thank-you so much for your advice. That answers everything I was unsure about.
Tim

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