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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69269
Experience:  Over 5 years in practice.
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In June this year, I was caught driving at 100m/ph on

Resolved Question:

In June this year, I was caught driving at 100m/ph on the M6 motorway.
It was approximately 8:30pm on a clear, dry, bright evening and I was in the inside lane the whole time. I was on my way to work.
It is my belief that I wasn't driving at the same speed for the whole duration, I think it started at 85 and increased over the time. The officers claim that I was driving aggressively by driving close to cars in front of me and forcing them to move. But it is my recollection that the cars just moved over as I approached them. There was no intention to be aggressive. The incident was recorded on some sort of in car camera equipment. The report lists the speed at 100m/ph but later states"in excess of 100m/ph".
I have recently received a notice of a court appearance in January but have the option of pleading guilty by post.
I am worried about losing my license as I work 25 miles from home and I work rotating morning/afternoon/night shifts meaning I leave for work or return from work at unsociable hours.
I am 28 years old, have been driving for 7 years and have a completely clean record up to this point.
What sort of conviction am I likely to face and what kind of action should I take?
Thank you.
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Jo C. replied 11 months ago.
Hii presume this was a 70mph zone?Also, do you have any other points?I'm due in court this morning but I will be able to pick up at about 10 am if that is ok?
Customer: replied 11 months ago.

Hi, yes, it was a 70 zone.

No I have no points, my license was completely clean.

Yea that's fine, thank you.

Expert:  Jo C. replied 11 months ago.
Are you charged with speeding or driving without due?
Customer: replied 11 months ago.

The charge says "exceeding 70m/ph on a motorway".

Expert:  Jo C. replied 11 months ago.
Ok. I don't think they can put this on the basis that you were driving aggressively then.
If this is a 100 mph in a 70mph zone then you would normally receive 4-6 points or a short ban of between 7 - 28 days. It is not going to be a ban on a first offence so they will fall back on points.
There will also be a costs order of £85, a court charge of £180 and a fine of roughly 75-125% of your weekly income plus the victim surcharge of roughly 10% of the fine. Usually it is an expensive affrair but you are not banned.
There is an outside chance of the ban if they are of the view that you were driving erractically but then I would argue that they should charge it as a driving without due care and attention. Although I suppose you don't want to give them ideas. Even then it wouldn't normally lead to a ban but might lead to more points.
Can I clarify anything for you?
Customer: replied 11 months ago.

Thank you for the information.

Should I be looking to plead guilty by post then? If so, should I write anything in the mitigating circumstances section of the paperwork?

Expert:  Jo C. replied 11 months ago.
Overall it would be better to attend.
Generally speaking, people who attend court suitably dressed and appropriately behaved get better deals than those who don't.
In terms of mitigation, you want to be emphasisng your hitherto good record, absence of heavy traffic, shortness of any distance driven at speed, clemency of the weather etc.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69269
Experience: Over 5 years in practice.
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