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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice.
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Hello. I have received a court summons for speeding at 96 on

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Hello. I have received a court summons for speeding at 96 on a motorway with 70 speed limit. I was stopped by a police car who had previously read my speed with a laser gun. This incident occurred 4th Nov 2013. I cannot remember reaching that speed but I know it was not for long as I was doing less then 80 when the police car came behind me. I intend to plead guilty by post as this is an option. Is this the best thing to do? What may I expect as fine, points or ban? Is there anything I can do to ensure the minimum points and fine ?
Thank you for your question. My name is ***** ***** I will try to help with this.

When did you pass your test please?

Also do you have any other points and if so from when?
Customer: replied 3 years ago.

I passed my test in 1981 and I have no points on my licence. I was caught speeding about 2 years ago but was offered a Speed Awareness course to avoid the points and fine.

Thank you.

You are actually only facing 4 to 6 points realistically anyway. It is a shame that they summonsed for this. They are perfectly entitled to do so but they can issue fixed penalties for much higher speeds when it suits them.

In any event, the sentencing guidelines say that the appropriate punishment is either 4-6 points or a ban of between 7 to 28 days and a fine. You are only in the middle of the sentencing bracket and there is no other significant aggravation so I would expect 4 or 5 points.

There will also be a fine of between 75% to 125% of your weekly income.

With a sentencing exercise like this you want to be emphasising, if true, the shortness of any distance driven at speed, the clemency of the weather and the absence of any heavy traffic. Also, of course you can always express remorse and emphasise your hitherto good record which is really usually the only mitigation but the speeding offence.

Since you do not have points you will not be subject to a ban as a totter and because you have had your licence for more than 2 years you are not subject to revocation under the new drivers scheme.

Can I clarify anything for you?

Customer: replied 3 years ago.

Is it better for me to plea guilty by post (as this is an option) and use the mitigation section for the points you make ?

That always depends.

I think that it is generally true that a person who attends smartly dressed and behaves respectfully ***** ***** courts is treated more sympathetically than a person who is absent.

However, the person who attends and is abusive would be better off staying away. I realise that nobody intends to be abusive but some magistrates and district judges are rather obnoxious and provocative.

Of course, attending will cost you a days work though and you do have to factor that in
Customer: replied 3 years ago.

OK thank you. Just one last point. On the policeman's statement he said he was in a "liveried vehicle" but when he stopped me he was in an unmarked black car. Does this minor point affect his statement ?

Not particulary to be wholly honest.

Its just a minor point.
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