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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I am concerned that I may have been caught speeding on the

Resolved Question:

I am concerned that I may have been caught speeding on the M25 motorway by an overhead gantry camera. The speed limit was 70MPH and I believe, momentarily, I was possibly doing 93-95MPH
I didn't see the camera flash, and the limit at the time was 70MPH
I am worried that if I have been caught, what are the implications? I have 3 points for an SP30 offence and I need my car to do my job.
Can someone advise?
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

You like to know about this? Whether you face disqualification?

How long have you been driving for?

When do you think you may have been caught?

Incidentally, with the overhead gantry cameras, they are average speed and there is no flash.

Customer: replied 7 months ago.
I am concerned that if I have been caught, then I may face a ban. I need my car for my work, and a ban could cause me to lose my job.
I have been driving for over 30 years
Expert:  F E Smith replied 7 months ago.

You have to get a Notice of Intended Prosecution within 14 days of the alleged offence. Provides you get that, they then have six months to issue proceedings.

Hence, if you get to more than a couple of weeks after the alleged offence, you have escaped.

These are average speed cameras usually and if so, a momentary increase in speed will not necessaryily average out over 70 if other parts have been slower. There is no way of knowing.

You will get 3-6 points plus a fine if convicted. It is likely to be 3 if done by fixed penalty 6 if caught.

That will give you a maximum total of nine points which is three points short of the 12 that you need for a discretionary ban.

Speed would need to be over 100 mph to face an instant ban just on this one offence alone. Your speed needs to be in excess of 45% of the speed limit before you face an instant ban on this one offence alone.

Hence, it’s most unlikely that you would face disqualification.

Can I clarify anything else for you?

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Best wishes.

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 8966
Experience: I have been practising for 30 years.
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