Pulled over doing 101mph on motorway


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I do work and apparently the fine is related to weekly pay, but they did not elaborate on how much to expect. They also said no legal aid available to motor related crimes?

Can I avoid a driving ban?
In some cases, such as drink driving or death by dangerous driving, a driving ban is obligatory. However, for other offences, disqualification is discretionary and it is therefore possible to avoid a driving ban if the correct mitigation is presented to the Court.

Although, under the totting up procedure a driving ban is mandatory, the Court does in fact have discretion and a totting up ban can be avoided if the Court accept a submission of exceptional hardship.

Before imposing any discretionary driving disqualification, the Court will allow the motorist the opportunity to plead for their driving licence. The Court will take into account the individual's circumstances to include the circumstances of the offence and the effect a driving disqualification would have. If the Defendant can show that having taken into account all of the information available, a driving ban would be an exceptionally harsh punishment, the Court can exercise discretion and allow the Defendant to keep their licence.

What do I need to show to prevent or escape a driving ban?
It is a common misconception that if a Defendant merely suggests that a driving ban would be a particularly harsh punishment, the Court will be lenient. In fact, the Defendant has to convince the Court that such a punishment would be exceptionally harsh, hence the term, exceptional hardship. The obligation is upon the Defendant to show why a driving disqualification should not be imposed. This is not a straight forward task and is one for which a motorist should seek legal guidance from a specialist motor lawyer.

What is Exceptional Hardship?
There is no specific legal definition. Exceptional hardship will vary according to the circumstances of the Defendant. However, in order to prevent the loss of a driving licence, the Defendant must show the implications and effect of a disqualification would go far beyond that which would normally be anticipated. The Court will automatically assume that any suspension will result in hardship and will emphasise that that is the purpose of a disqualification. However, if it can be established that the implications would go far beyond that which would be reasonable, it is feasible that the Court would accept those circumstances as being "exceptional" and sufficient to justify a punishment other than a licence suspension.

I have successfully argued exceptional hardship in the past. Can I use the same arguments again?
You would only be able to use the arguments again, if more than 3 years has expired since the previous hearing. Otherwise, you would have to rely upon new reasons for your exceptional hardship case.

What if I can show I will lose my job as a result of a driving ban?
The Court will take this into account but loss of employment alone is not normally sufficient to justify the Court exercising discretion. The Defendant has to show more than the potential loss of job or employment and as most courts will point out, the Defendant would have undoubtedly been aware of the effect that a ban would have on employment before the offence was committed.

What defences are available? How do I defend an allegation?
The way to defend an allegation will vary according to the nature of the offence. Any defence must be absolute, meaning that that the allegation is denied in its entirety and although the burden of proof would normally be on the prosecution to prove the case, the Defendant will have to ensure that his defence covers all aspects of the allegation in order to have any prospect of an acquittal or not guilty decision.

It needs to be understood that there is a distinct difference between defending an allegation, a plea of mitigation, special reasons and exceptional hardship.

What is a Plea in Mitigation? / What are Mitigating Circumstances?
If you have pleaded guilty or have been found guilty, before the Court imposes any punishment, you will be given the opportunity to put forward a plea of mitigation. The purpose of this is to convince the Court to impose the most lenient punishment possible. It can be dealt with by way of personal attendance or at the Court's discretion, in writing by way of a letter of mitigation.

What Are Special Reasons?
In the normal course of events, when a Defendant is guilty of an offence their licence will be endorsed. Special reasons occur when the Court concludes that there are particular circumstances that relate to the offence (ie not the implications of a punishment) that are sufficient not to order an endorsement or disqualification. If the Court finds that there are Special Reasons, although the Defendant will be found guilty, no penalty points will be endorsed. Special Reasons cannot be used to reduce the number of points, if the Court finds Special Reasons, there must be no endorsement at all. Accordingly, a person could admit that an offence has been committed, but argue that there are special reasons as to why there should be no endorsement. Special Reasons do not amount to a "defence" as otherwise the Defendant could not admit or would be found not guilty of the offence.

How can I put a submission to the Court?
The vast majority of cases are dealt with in the Magistrates' Court in England and Wales and the Sheriff's Court or Justice of the Peace Court in Scotland. You will need to attend in person and the Court will expect you to be fully prepared with a detailed submission as to the implications of any punishment. Remember, whilst the Court will consider your submission, the justices are not there to help you run your case. Consequently, if you are not fully prepared, your case could be dismissed quickly and a ban imposed.

If you wish to challenge any of the evidence, you need to warn witnesses to attend and you will be expected to question them. Likewise, you can be cross–examined by the prosecution. The Court would normally make a decision immediately and if you lose, a ban will be imposed there and then.

The Court process can be more detailed or complicated than most people realise. For further information please refer to the Attending Court Page.

Attending Court
How can I establish the prospects of success?
If you are uncertain about the strength of your case, and need assistance from experts in motoring law, Motor Lawyers offer free initial advice, without obligation.

Click here to email your enquiry/question
Why do I need to instruct a lawyer/solicitor in order to retain my driving licence?
Although many Defendants are happy to and are capable of representing themselves, it is not simply a case of pleading for mercy; there is specific legal criteria that has to be established before the Court can exercise discretion, regardless of any sympathy the Magistrates may have for the Defendant. If you do not know what the criteria is, then your plea for leniency will not have the desired effect.

By instructing or obtaining advice from a specialist motor lawyer, the technical issues can be dealt with thus ensuring that you do meet the criteria and that your plea can then be considered. Additionally, it goes without saying that a specialist lawyer is able to prepare the case to a higher standard and a specialist advocate will present it in a more compelling manner.
 
I have been caught speeding. Is an instant driving ban likely?
Generally speaking, the higher the speed, the greater the risk of an instant ban and as a general rule of thumb, when the speeding offence is in excess of 45% of the speed limit, there is a risk of an instant driving ban:

Speed Limit Speed Alleged
30 mph In excess of 51 mph
40 mph In excess of 66 mph
50 mph In excess of 75 mph
60 mph In excess of 85 mph
70 mph In excess of 100 mph

http://www.drivingban.co.uk/drivingban/speedingoffences/drivingbanspeedingoffences.htm

http://www.drivingban.co.uk/

I looked at that site but what I want to know is if it is worth getting a solicitor or not. roughly 400 quid and i am not sure if they make any difference to the outcome or not.

Am I making a big mistake just going there and taking my punishment
 
To be fair I was going to fast, but no traffic and a clear run it is easy to do. The policeman even said I was driving perfectly safely and had I been under 100mph I would have escaped with just points and fine.

I think they said something similar to Freddie West ... "If you hadn't been abducting, assaulting and murdering innocent young girls you'd probably just have fallen foul of the building regs."

Some people are just unlucky.
 
I looked at that site but what I want to know is if it is worth getting a solicitor or not. roughly 400 quid and i am not sure if they make any difference to the outcome or not.

Am I making a big mistake just going there and taking my punishment

Send them a heart breaking letter about if you lose your license job is gone etc, tell them the driving conditions where fine and there was no danger, you were basically sitting cruising

imo they wont ban you, 6 points and a big fine
 
Sorry marra but this doesnt wash, its a concious effort.

I appreciate that! I hold my hands up that I was caught, however I do not believe I was driving dangerously at all. I will take my punishment but I consider myself unlucky. Especially after seeing the boy racers tearing around the town centre on both sides of the road 2 days later. They are the ones who will kill someone.


:lol:
 
Ban and a fine!
I got caught doing over 90 on the motorway at 2.30 in the morning on a 350 cc bike, not a soul about then all of a sudden, the world lit up blue and white flashes. Recorded me doing an average of 96mph over 2 miles. At the time, took me docs to the local police station and I knew the plod behind the desk, told me I would be fined and 3 points, lucky as if I had been doing 100, I would have received a ban and a fine!
In the ned I got about £50 + 3 points
 
To be fair I was going to fast, but no traffic and a clear run it is easy to do. The policeman even said I was driving perfectly safely and had I been under 100mph I would have escaped with just points and fine.

Massive sympathy with you, there are times when it's dangerous to go 100 (generally 99% of the time), but there are times when it it's perfectly safe too.
 
I got done similar at an average of 106, although I was hitting 120 at times then slowing down in the inside lane without realising they were behind me.

I held my hands straight up and admitted I was driving fast, the traffic cops reckoned my driving was actually very good, ie moving out only to overtake then dropping back to the inside lane, but obviously too fast.

I asked a solicitor who advised me to represent myself, admit to it and explain how I needed the car for work.

The magistrates opening lines were "Modern cars are meant to be driven fast ..." which kind of rocked me a bit. :lol:

Anyway the upshot was a 2 week ban (I was on holiday the 1st week anyway, and working on site the 2nd with a lift arranged both ways), and a £300 fine plus £15 costs.

I consider myself very lucky.

I rarely go much over 85 these days.
 
Massive sympathy with you, there are times when it's dangerous to go 100 (generally 99% of the time), but there are times when it it's perfectly safe too.

A bit like tossing off and auto-asphyxiation, for every happy masturbator there's a tragic Kristian Digby or Michael Hutchence.

For some it's an acceptable risk.
 
I got done similar at an average of 106, although I was hitting 120 at times then slowing down in the inside lane without realising they were behind me.

I held my hands straight up and admitted I was driving fast, the traffic cops reckoned my driving was actually very good, ie moving out only to overtake then dropping back to the inside lane, but obviously too fast.

I asked a solicitor who advised me to represent myself, admit to it and explain how I needed the car for work.

The magistrates opening lines were "Modern cars are meant to be driven fast ..." which kind of rocked me a bit. :lol:

Anyway the upshot was a 2 week ban (I was on holiday the 1st week anyway, and working on site the 2nd with a lift arranged both ways), and a £300 fine plus £15 costs.

I consider myself very lucky.

I rarely go much over 85 these days.


cheers mate my thoughts exactly, hope I get your judge!!
 
I looked at that site but what I want to know is if it is worth getting a solicitor or not. roughly 400 quid and i am not sure if they make any difference to the outcome or not.

Am I making a big mistake just going there and taking my punishment

Go to court, plead guilty,wear a suit, explain that you will lose your job then house, family and mind and ask for out but a ban. Depending upon the mags, and i am talking from the horses mouth here, if they like you, you will get six points and one fifty fine.
 
I'm not looking for sympathy, I was caught fair and square and obviously have made a mistake.

They had me on a time distance machine over 2mins and 101 was the average speed. They said it was collaborated that day. I pretty much admitted guilt on their statement but I opted out of signing it.

Does anyone know what I should expect or has this happened to anyone else?

I am told they will send me a summons and I will have to go to court (more than likely when i am supposed to be on holiday). Does anyone know if what fine, points, ban I am likely to get? Is it worth getting a solicitor?

Any advise would be appreciated!

A canny while hopefully.
 
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