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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70702
Experience:  Over 5 years in practice.
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I was pulled over at roughly 5 past midnight last night by a

Customer Question

Hello,
I was pulled over at roughly 5 past midnight last night by a police officer. He is summoning me to court for driving at twice the speed limit in a 40mph zone. He has video evidence of this. I am wondering where I stand with this as I am very worried. This is the first time I've ever been done for an offence, I've therefore got a clean licence and had my licence for 7 years nearly. I rely on my vehicle to get to work which is 6 or 7 miles away. If I lost my licence or received a ban then I'd lose my job and wouldn't be able to provide for my 8 month old daughter. I'm the sole provider for my daughter as my partners a student at uni and I also give her lifts to uni and placement from time to time.
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Jo C. replied 8 months ago.

Hi - so 80mph in a 40mph zone is this correct? I assume the car is insured, taxed and registered to you?

Customer: replied 8 months ago.
that's correct, he reckons I was going 90 mph for a brief spell also.
Customer: replied 8 months ago.
He said in his report he is going to say I was driving around double the speed limit however.
Expert:  Jo C. replied 8 months ago.

That is not good news I'm afraid.

Expert:  Jo C. replied 8 months ago.

If this is a 40 mph zone and you are doing even 80 mph then you are nearly 20 mph over the highest sentencing bracket.

They could charge that as dangerous driving rather than speeding. If they do a ban is inevitable.

If it remains speeding then a ban is fairly likely I'm afraid although it would be short. I would expect in the region of four months. It depends what the Bench make of the guidelines. Technically they don't apply as you are over the bracket but they will still apply them anyway sometimes.

Expert:  Jo C. replied 8 months ago.

I'm afraid that exceptional hardship doesn't apply here as this is not a totting offence.

For that reason it really doesn't matter what impact it would have upon you if you were banned except that they could reduce the fine accordingly.

I'm very sorry but that is your position

Can I clarify anything for you?

Jo

Customer: replied 8 months ago.
he said from what he saw he's classing it as speeding. So you think I'll receive a 4 month ban, lose my job as a result although I've no previous convictions and struggle to provide for my daughter as a result?
Expert:  Jo C. replied 8 months ago.

If it remains a speeding then you will almost certainly be banned.

The question is for how long.

Applying the guidelines is has to be more than 56 days as that is the top range of the bracket.

Customer: replied 8 months ago.
Do I get a solicitor in court and is there anyway the band could be shorted as there is no other way I can get to work as I work 4-12pm, would they not take this into account as my partner is a student and my child is only eight months old so I'm providing for both?
Customer: replied 8 months ago.
Would I be able to have a shorter ban and pay a fine and a speed awareness course?
Expert:  Jo C. replied 8 months ago.

No, I am sorry. The speed is just plain too high proportionate to the limit.

On your point above, your personal circumstances are a non issue save for the fact that it may reduce the fine.