NIP speeding

[peter.k]

Received a Notice of Intended prosecution, driving 42 in 20 mph zone.

Any advice? Just to fill a form and await?
thank you

[PallasAthena]

You must return the NIP and name the driver within the deadline. Failure to reply is a serious offence in itself (separate from speeding allegation) and carries a 6 point penalty as well as a fine.

42mph in a 20mph is well over the speed at which you could get a speed awareness course or a fixed penalty notice so this will almost certainly go to prosecution at the Magistrates Court. You will have the option to plead guilty or not guilty and plead any defence or mitigating circumstances at that time.

Do you believe you have any defence to the speeding allegation, or any mitigating circumstances?

How many points, if any, do you have on your licence at the moment?

Tagging HandyAndy and islandgirl who may be able to offer more insights about what might happen in court.

[peter.k]

Thank you for the information PallasAthena. Dont have any points on my licence. Dont have any mitigating factors other than anxiety for being late to collect my kids. My fault entirely.

[HandyAndy]

You might have read this elsewhere, but for readers on here:

Unless you indicate that you want to attend court and provided you plead guilty, your case will initially be heard under the “Single Justice” (SJ) procedure at a hearing which you cannot attend.

If the SJ believes that points are appropriate you will be sentenced by that court and informed of the outcome by post. Only if the SJ believes that a ban should be considered will your case be adjourned to a hearing in the normal Magistrates’ Court and you will be asked to attend.

Six points is the most likely outcome. You will also pay a fine of one week's net income, a surcharge of 40% of that fine and a contribution towards prosecution costs of round £95 (all based on a guilty plea).

[islandgirl]

Here are the guidelines in full: https://sentencingcouncil.org.uk/gui...-revised-2017/