Speeding Advice

[RJH]

I have uploaded documents to this post on behalf of a work colleague who has received them and just looking for a little bit of advice.

I don't know the ins and outs of why he was speeding, etc. but just want some advice on the following:

What could the potential penalties be for driving at 76mph in a 50mph motorway zone:

(a) If driving for less than 2 years? (I assume a ban?)

(b) If driving over 2 years?

Also, can somebody explain what the numbers are on line 2 of the NIP?

Finally, the documentation that has been received states that he was driving excessively over 70mph (76mph from what I can work out?) but it doesn't state anywhere other than the NIP that it was a 50mph zone?

Any advice appreciated, the accused has very recently lost his dad, his house isn't on a bus route, and he needs to be able to drive to bring in money now given the situation.

Please don't make any judgements or statements about how he shouldn't be speeding etc, as I'm sure he's well aware. Please give any advice you can, as I will be helping him to make his plea online early next week.

Thank you in advance.

[wales01man]

Re: Speeding Advice

Have they had a full licence for 2 years or less?
If this goes to court the penatly could be a big fine and 3 or 6 points

Taken from Oxfordshire Court reports today Persons name removed

X admitted driving a Nissan at 67mph on the A34 northbound near Milton on May 17 last year, above the temporary 40mph speed limit. Handed a £300 fine and ordered to pay £30 victim surcharge and £85 costs. Also had six points added
to his driving licence

[RJH]

Re: Speeding Advice

[MENTION=30456]wales01man[/MENTION] not sure about length of license, I'm waiting for details of that. It will be pretty close either way.

If it's less that 2 years I assume he will get banned anyway, and if over 2 years, possibly still as he was driving at just over 45% of the speed limit?

Obviously from his point of view, if he has been driving for more than 2 years he stands a much better chance (if you can say that) of retaining his license?

[wales01man]

Re: Speeding Advice

If having a Licence is important suggest he gets Legal representation

[RJH]

Re: Speeding Advice

[MENTION=30456]wales01man[/MENTION] is it worth attaching a copy of the dad's death cert to the plea to back up anything that is said about that?

[RJH]

Re: Speeding Advice

[MENTION=30456]wales01man[/MENTION] driver has had license more than 2 years

[Openlaw15]

Re: Speeding Advice

I have uploaded documents to this post on behalf of a work colleague who has received them and just looking for a little bit of advice.

I don't know the ins and outs of why he was speeding, etc. but just want some advice on the following:

What could the potential penalties be for driving at 76mph in a 50mph motorway zone:

(a) If driving for less than 2 years? (I assume a ban?)

(b) If driving over 2 years?

Also, can somebody explain what the numbers are on line 2 of the NIP?

Finally, the documentation that has been received states that he was driving excessively over 70mph (76mph from what I can work out?) but it doesn't state anywhere other than the NIP that it was a 50mph zone?

Any advice appreciated, the accused has very recently lost his dad, his house isn't on a bus route, and he needs to be able to drive to bring in money now given the situation.

Please don't make any judgements or statements about how he shouldn't be speeding etc, as I'm sure he's well aware. Please give any advice you can, as I will be helping him to make his plea online early next week.

Thank you in advance.

You provide no details of the place. Was it a temporary road works, ie reduced speed from 70 for road works? It was in October last year. What time of day or night was it? What was the weather like, ie reduced visibility? Was it raining, was it dark? How busy was the motorway? Were the speed signs clear, did you see them clearly that the speed limit was reduced to 50 mph? Why was the speed 76 mph in a 50 mph zone? What am getting at, is why did the person believe it was safe to travel at this speed? As your the death in the family, it could be used as mitigation, ie lapse in judgment owing to the upset of the loss.

[charitynjw]

Re: Speeding Advice

Hi RJH

According to the Procedure Notice, your friend is charged with exceeding the 70mph speed limit.

I don't think that the proposed 'zero tolerance' guidance is applicable yet, so on that basis I believe that the ACPO guidance is still applicable.
This allows a tolerance, & therefore enforcement starts at 10% + 2mph.
So in a 70mph zone, 70+10% (7) +2 = 79mph.

http://www.cambs-police.co.uk/roadsa...afer-roads.pdf

However, I'm not an expert in road traffic law.

[wales01man]

Re: Speeding Advice

Unless we see the NIP we cannot be sure what it says I suspect it may have been in temporay speed restriction of 50 so well over the limit

[Openlaw15]

Re: Speeding Advice

Hi RJH

According to the Procedure Notice, your friend is charged with exceeding the 70mph speed limit.

I don't think that the proposed 'zero tolerance' guidance is applicable yet, so on that basis I believe that the ACPO guidance is still applicable.
This allows a tolerance, & therefore enforcement starts at 10% + 2mph.
So in a 70mph zone, 70+10% (7) +2 = 79mph.

http://www.cambs-police.co.uk/roadsa...afer-roads.pdf

However, I'm not an expert in road traffic law.

You're correct. It is actual speed plus 10% plus 2, if the speed limit was 70 mph, according to guidance issued to the Chief of Police for their regions. This is to mitigate against cars which are clearly not calibrated unlike buses and lorries etc that are. So, if the speed limit were 70 and not 50 as the Op suggests, then the guidelines should apply. The CPS will likely fail their case if the proceeded with it. Good spot, Charity.

[charitynjw]

Re: Speeding Advice

Unless we see the NIP we cannot be sure what it says I suspect it may have been in temporay speed restriction of 50 so well over the limit

I believe a verbal NIP is sufficient,

[Openlaw15]

Re: Speeding Advice

I believe a verbal NIP is sufficient,

True again, the under the relevant Act is just requires a notice of intended prosecution, which is either in writing or verbal at some point prior to any intended prosecution.

[RJH]

Re: Speeding Advice

Picture 2 shows the speed limit in brackets on line (1) as 50? Knowing the stretch of road as I do, I can believe it is a 50 with the roadworks at the moment.

So, if it is a 50, he was doing 76mph, he's been driving little over 2 years, (up to 3 max), where does that potentially leave him?

[Openlaw15]

Re: Speeding Advice

Picture 2 shows the speed limit in brackets on line (1) as 50? Knowing the stretch of road as I do, I can believe it is a 50 with the roadworks at the moment.

So, if it is a 50, he was doing 76mph, he's been driving little over 2 years, (up to 3 max), where does that potentially leave him?

It just depends, look at post number 7 and provide the details on the day in question. It seems he has to plead guilty, but he may have some mitigating circumstances. Could he see the road signs clearly... please find out the answers to these questions.

[RJH]

Re: Speeding Advice

[MENTION=77627]Openlaw15[/MENTION]

See the 3rd attachment for the officers opinion on the road.
I can guarantee that it would have been reduced to 50mph for the roadworks taking place there and there would be signage.
Time was 8pm at night, so would have been dark, visibility was decent from the officers report on aforementioned attachment.

In terms of his dad's death, that was in March 2016, the offence is in October 2015. He needs to work to bring money into the family home on the back of this, and he isn't on a bus route where he lives.