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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice.
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i have recd a"notice of intended prosecution" for exceeding

Customer Question

i have recd a"notice of intended prosecution" for exceeding 50mph on motorway, i was doing 74, what penalty am i likely to receive, will i get the decision through the post or will i have to attend court
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you have any other points on your licence?
Also, I see you haven't yet left feedback for a previous answer so I would be grateful if you could do that now.
Customer: replied 3 years ago.

i currently have 6 points which are as follows:

date of offence 17/9/10 - sp30 - 3 points

date of offence 03/03/12-sp30 - 3 points

Customer: replied 3 years ago.

Hi,

still awaiting reply

Expert:  Jo C. replied 3 years ago.
Thanks.
The first set of points are no longer active on your licence.
The second set do remain though. You therefore have 3 live points on your licence.
If this is 74 mph in a 50 mph zon then the starting point is 4-6 points or 7 - 28 days ban.
You are at the higher end of the sentencing bracket so you are facing realistically either 5-6 points or a short ban.
If you get points then you will not be banned as you only have 3 and so are not vulnerable to a ban under the totting procedure.
There will also be a fine, costs and the victim surcharge.
Hope this helps. Happy to discuss this but please remember to leave feedback for my answer.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.

is there any way of avoiding a ban, i have a motability car & they take a driving ban very seriously, i will not be able to stay on the scheme

Expert:  Jo C. replied 3 years ago.
Not on that basis.

It comes down to the seriousness of the offence. If the court are of the view that its so serious only a ban will do they will not refuse one because of your blue badge situation

It may form the basis of an exceptional hardship argument but that only applies to totting and you are not liable to totting.