How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71155
Experience:  Over 5 years in practice.
Type Your Traffic Law Question Here...
Jo C. is online now

I received an intention to prosecute 95mph, on awhich was

This answer was rated:

Hi, I received an intention to prosecute for doing 95mph, on a*****which was captured on the M25 Epping, NR M/ Post 5563A, clockwise carriageway.
I already have 6 points on my license, and I would like to know what might happen. I am not sure if I was speeding, I am sure I wouldn't have been doing 95mph but I had just received notification of the passing of my father in law and was trying to get home to my wife to comfort her, so cannot say for sure what speed I did at that point.

Do you have any other points?

When did you take your test?

Customer: replied 1 year ago.
sorry as stated earlier I already have 6 points on my license and I took my test in 2000

This is a speed just over the limit for a fixed penalty fine although they may well give you one anyway.

If they do not and they do summons to court then it would attract either 4-5 points. The guidelines do provide for much more but it is not appropriate here really.

You are not a new driver so this would not lead to a revocation of your licence.

There is a risk of 6 points and so disqualification under the totting provision but it is not likely here.

There would be costs of £85, the surcharge of roughly 10% of any fine and a fine of between 100-150% of your weekly income.

Can I clarify anything for you?


Customer: replied 1 year ago.
Thank you Jo, can the circumstances around my father in law act as mitigating circumstances and if yes, when I reply stating myself as the driver, should I include proof of that and explain the situation?Also would asking the police of proof of the offence impact me adversely in any way? as I am not sure if I was doing that speed.

Not really. It is not really a mitigating factor I'm afraid.

In fact, one could argue it is aggravating as it increases the risk to other road users that you were distracted.

You are perfectly free to put them to proof but the risk is costs which could be a nasty shock if you lose Im afraid.

Jo C. and other Traffic Law Specialists are ready to help you