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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69780
Experience:  Over 5 years in practice.
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I have recently been caught speeding by a mobile camera from

Customer Question

I have recently been caught speeding by a mobile camera from roadside vehicle on the A90 dual carriageway from Aberdeen to Dundee. I am alleged to have been travelling at 76 mph in a 50 mph zone. At the time of the incident, driving conditions were generally good (albeit some light rain). Travelling on my own in the car, light traffic, no pedestrians. What can I expect as likely penalty points, fine and/or possible ban? Also am I likely to receive a court summons?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Do you have any other points?
Customer: replied 1 year ago.
No, currently I have a clean driving license with zero points. In addition to the above questions, as an experienced driver I drive c. 25,000 miles a year. Will this work in my favour?
Expert:  Jo C. replied 1 year ago.
Yes fairly. If this is 76 in a 50 mph zone then it is just into te higher category. That would lead to either 6 points or a short ban. It will be 6 points though. You might even get a smaller number given that there is no real aggravation here. If you don't have other points then you are not at risk of rotting or revocation under the new drivers scheme. There will also be costs of roughly £85 and a fine of between 75 - 175 % of your income weekly. Can I clarify anything for you ? Jo
Customer: replied 1 year ago.
Is it likely I'll receive a court summons, or could I accept charge by post and pay fine ... etc?
Expert:  Jo C. replied 1 year ago.
You can plead by post but they might summons you for consideration of a ban. In truth if you don't answer the summons then in the end they would sentence in absence but it is not a good idea.
Customer: replied 1 year ago.
Hi Jo. I have received a letter today explaining that, "Normally, speeding offences are dealt with by way of a Conditional Offer. Unfortunately on this occasion we are unable to issue one because you were travelling at such an excessive speed. A report will be submitted to the Procurator Fiscal for consideration of a prosecution against you".Will this result in the court summons I was expecting?
Expert:  Jo C. replied 1 year ago.
That would tend to suggest they intend to summons. Whether they will or not remains to be seen. They do sometimes forget.I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69780
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Jo. When might I expect further notification do you think? Also, assuming they don't forget, could the Procurator Fiscal still go down the route of making me a conditional offer?
Expert:  Jo C. replied 1 year ago.
They will send out a requisition which will have a court date.The PF could make a conditional offer but it isn't likely I'm afraid.
Customer: replied 1 year ago.
Thanks Jo. I have spoken with the Clerical Officer at the Camera Unit and they have said I should expect to receive notification in the next 4-6 weeks. They are also able to provide me with a copy of the evidence they will be using.
Customer: replied 1 year ago.
Is 6 points and a fine still the likely outcome?
Expert:  Jo C. replied 1 year ago.
Oh yes, it won't change the outcome. It is just an outcome that can't be levied by conditional penalty.
Customer: replied 1 year ago.
Thanks Jo. Just one final question ... I have a holiday planned in May. What happens if the date for the court summons is whilst I'm away? Would I be able to request a new date or is this a non-starter in these sorts of circumstances?
Expert:  Jo C. replied 1 year ago.
For a pre booked holiday you can ask the court to list it for another date and usually they will.
Customer: replied 1 year ago.
Great, many thanks Jo, you have been really helpful.
Expert:  Jo C. replied 1 year ago.
No problem. All the best.

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