Top Bracket Of The Courts Sentencing Powers

Question:

Speeding 71 in 40

Today I was caught by a Police officer leaving a 40mph zone (I thought I was in the National limit, and was overtaking), doing 71mph. His speed gun had a calibration label, I was cautioned and told that there would be a NIP. I have no points on my licence, and I am an advanced driver, and have been active as a road safety officer then in the military.

It was a genuine mistake. I am concerned that the level of speed over the limit may attract a discretionary ban. I need my licence for work (160 mile commute) and am the main bread winner for my family of wife and 2 young children. My intention is to plead guilty, but I would appreciate your advice on how best to mitigate the offence. Kind regards

Louise Says:

The speed is high and you are in the top bracket of the magistrates sentencing powers. The recommended sentence is 6 points or up to a 56 day ban. The bracket covers speeds between 66 and 75 mph in a 40 mph limit – so you are mid way through the bracket.

Your excellent driving record will help to show the court that this is out of character and your personal mitigation is good. Hopefully the court will agree not to ban you but you will have to attend court and they will not allow you to plead guilty by post even if the court forms suggest that you can.

The summons can take up to 6 months to arrive – whereabouts’ did the alleged offence happen? When the summons arrives you don’t tend to get a huge amount of notice.

If you would like my help with your mitigation I will be happy to assist. We have achieved over a 95% success rate in avoiding this type of ban over the last 5 years and our fixed fee to send an advocate to court with you in on our fees page or I can help by presenting your mitigation in writing.