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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 783
Experience:  I am a solicitor with particular expertise in road traffic law.
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how many points will I get for driving at 59mph in a 30mph

Resolved Question:

how many points will I get for driving at 59mph in a 30mph limit?
I have 6 points for speeding already, the car was not mine but a loan car from a garage.
the garage rec'd the notice this morning.
I there any action I should take now ?
Many thanks
Submitted: 2 years ago.
Category: Traffic Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience I will try to help you with this.

LondonlawyerJ :

Are you only facing an allegation of speeding? Have you received a notice through the post or were you stopped by the police?

Customer:

Hi the garagethat owns the car a BMW dealership rec'd the notice this morning,i have asked them to request photographic evidence which they have done.

Customer:

it would appear that it was me given timings etc.

Customer:

Hi Are you here?

Customer:

not sure how this works ,if you want anything from me please ask

Customer:

ok

LondonlawyerJ :

Yes I am here. I will answer you in the next hour or so. I hope that is OK

Customer:

perfect thank you

LondonlawyerJ :

 


So what has probably happened is that the prosecuting authority has sent a notice of intended prosecution to the hire company for speeding but this includes a place for them to name the driver if it wasn’t them. They will no doubt do so, if they haven’t yet and then you will get a summons in a few weeks time after that. They presumably have checked their records and have realised it was during your hire period.


For doing 59 in a 30 mph limit you will get either a ban of between 7-56 days or 6 points. The link below takes you to the Magistrates Sentencing guideline for speeding offences http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_Update9_October_2012.pdf. If you get 6 points you will have a total of 12 points which makes a ban of at least 6 months inevitable unless you can argue either:


(1) that there are special reasons for not being disqualified. These reasons must be to do with the driving and not amount to a defence in law but be mitigating factors (eg driving someone to a hospital in an emergency when no ambulance available, or escape from a dangerous situation..),


Or(2) That you or someone else would suffer exceptional hardship. A drivins ban is meant to cause hardship so you would have to show that the harm caused went way beyond that which would normally be anticipated by a ban.


If you think you may have either an exceptional hardship or special reason argument then you should instruct a criminal defence solicitor in the normal face to face way to represent you at court.


I hope this answer is helpful but please feel free to ask follow up questions. I would also be grateful I if you would please ratem y service. This will not close the question and I will continue to answer.

Customer:

thankyou

LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 783
Experience: I am a solicitor with particular expertise in road traffic law.
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