[Hooded]

Originally Posted by Vroombimmer

Where can I find information about the bands? Is it likely that 82 in a 50 will qualify for 6 points and a fine. She has just checked her license online and it's showing as clean. The 3 points she thought she had are not 'active' anymore

It's likely to be 6 points and a fine, she could get a ban for a few weeks but unlikely with good representation if she needs to drive for her job. A Custodial sentence is not gunna happen here.

[Stoo]

Originally Posted by sensible

If the registered keeper fails to answer the NIP then generally they will be summonsed for the original speefing offence and Failing to Identify the Driver (Contrary to Section 172 Road Traffic Act 1988)
The second offence carries a penalty 6 points and £1000 fine.

I'm literally reading my paperwork right now...

It states;
'The person or company this notice is addressed to is required, under Section 172 of the Road Traffic Act 1988 (as amended), to nominate who was driving during the alleged offence. The nomination must be made in writing within 28 days beginning with this notice issue date, during which all proceedings will be suspended. Failure to do so could lead to a separate prosecution for the offence of Failure to Supply Driver's Details, which carries a maximum fine of £1000 and a driving licence endorsement of 6 penalty points or disqualification at the discretion of the courts.'

[Stoo]

I've just noticed whilst typing it out actually....

'separate prosecution'

So if no-one is nominated, the named person on the NIP takes the rap for the offence AND the second offence too?

Wow!

[Goneinsixtyseconds]

My advice from a solicitor when I was in a similar situation a couple of years ago was to not waste money on a solicitor straight away.

When she gets the court summons and if she is given the option to plead guilty by post, then do so. They can't ban you unless you are present. So the likeliest outcome is that she will get 6 points and a fine.

If they are considering a ban they will adjourn and ask her to attend for another hearing. At this point you know they are considering a ban, so this is the time to get a solicitor to attend with you.

The solicitor said to me that they are highly unlikely to adjourn and ask you to come back for something like this, the courts are very busy and they'll more than likely want it out of the way quickly. Bigger fish to fry.

That was the solicitors advice, and it was also exactly how it played out for me. Didn't attend court, 6 points and a fine.

If however, if she is forced to attend the first hearing, get a solicitor. With her job and people relying on her, a solicitor will know exactly how to pitch it without making her sound arrogant.

[G82Dude]

Originally Posted by Vroombimmer

Where can I find information about the bands? Is it likely that 82 in a 50 will qualify for 6 points and a fine. She has just checked her license online and it's showing as clean. The 3 points she thought she had are not 'active' anymore

Yup, likely to be 6 points and a fine equal to 150% of weekly income (max £1000), plus 10% of the fine (max £120) for victim surcharge and £85 costs. If banned instead of points (defendant must be present), likely to be higher end of 56 days. You should also be aware that under the guidelines it says "Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days." 82 would be considered excessive.

[Vroombimmer]

Thanks for all the input. You're comments are really valuable and helpful

[G82Dude]

Originally Posted by Stoo

I've just noticed whilst typing it out actually....

'separate prosecution'

So if no-one is nominated, the named person on the NIP takes the rap for the offence AND the second offence too?

Wow!

The registered keeper is prosecuted under S172 for failing to provide information, which could lead to 6 points and a fine. Unless it's a company. They are just fined.

[R0B]

Originally Posted by Vroombimmer

Okay we have established that I will not be taking any points for her. That was an error on my part and a somewhat foolish thing to say/broadcast, so please no more wise posts-only constructive ones

I think fair enough. We've all come up with an idea, voiced it, then been told it was daft. No harm done I say so don't worry about the flack. I've often said to my wife 'you can have that if it comes through' when I thought I may have been flashed. Whether I'd go through with it or not I don't know, but I've thought it.

As for your wife. One thing I recall from my court appearance was that the lawyer I instructed planned and executed asking for a 'short, sharp shock ban'. He gave a load of (fairly bullshit) reasons why this was a good idea and they went for it. That was 99 in a 60 and I copped 4 weeks which was brilliantly timed over Christmas - meaning I enjoyed the booze more.

Good luck with it all and remember that every single person in the world has broken the speed limit no matter what they say or imply otherwise.

[teaston]

Originally Posted by F82Dude

Yup, likely to be 6 points and a fine equal to 150% of weekly income (max £1000), plus 10% of the fine (max £120) for victim surcharge and £85 costs. If banned instead of points (defendant must be present), likely to be higher end of 56 days. You should also be aware that under the guidelines it says "Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days." 82 would be considered excessive.

Also for a ban of 56 days or more you then have to re-apply for your license!

[evdok]

Originally Posted by teaston

Also for a ban of 56 days or more you then have to re-apply for your license!

Start from scratch or straight forward apply to get it back?

[teaston]

Originally Posted by evdok

Start from scratch or straight forward apply to get it back?

Think it's fill in a form, send new photo and £30-40 fee

[Hooded]

Originally Posted by teaston

Think it's fill in a form, send new photo and £30-40 fee

Yep,..Unless the Judge specifically states you have to take a retest or an extended driving test first.

[davethefish]

It seems to vary a lot too...

A girl at work got caught at 108mph in a 50 (dual carriageway)
in her Mercedes AMG.

Everyone at work said she would be lucky not to get a custodial sentence,
but a ban and big fine for sure.

Her parents are well to do, and have lots of money.
She got 9 points and a large fine, I forget how much it was now...

But a custodial sentence would have been rather ironic.
...considering she is a prison custody officer...

[t5pilot]

Originally Posted by Wills2

Ah so it's OK for you to break the law but not others, I see. I like the bit about being calculated and deliberate the courts would love that as a defence NOT......

WTF is your problem exactly?

Have I said it's ok for me to do it? No.
Am I making any excuses for anything? No.
Am I going to court? No

[badgerbrock72]

Was this the collector Road by castle bromwich by any chance? The dual from the m6 junction 5?

If so that's where I got caught, 6am empty Road 66 in a 50.

Used to be national speed limit apparently....

[G82Dude]

Originally Posted by davethefish

It seems to vary a lot too...

A girl at work got caught at 108mph in a 50 (dual carriageway)
in her Mercedes AMG.

Everyone at work said she would be lucky not to get a custodial sentence,
but a ban and big fine for sure.

Her parents are well to do, and have lots of money.
She got 9 points and a large fine, I forget how much it was now...

But a custodial sentence would have been rather ironic.
...considering she is a prison custody officer...

Custody is NOT a disposal for speeding. Disqualification/points and fine only.

[agentorange]

The OP's original idea doesn't work out so well as this MP found out.

https://www.bbc.com/news/uk-england-...shire-46200100

It's kind of fun to show my US born colleagues the possible ban posts. I'm an expat, you see. We have had similar discussions regarding getting caught drunk driving in the UK. They all said, "But how are you supposed to get to work?". I replied, "Not the justice system's problem".

This hits the "does not compute" firewall quite hard, especially as most Americans live paycheck to paycheck.

[t5pilot]

Very Serious Speeding Offences – Usually regarded as 30 mph+ over the speed limit.

https://www.pattersonlaw.co.uk/motor...nces/speeding/

[JNW1]

Originally Posted by t5pilot

Very Serious Speeding Offences – Usually regarded as 30 mph+ over the speed limit.

https://www.pattersonlaw.co.uk/motor...nces/speeding/

Ok but that link suggests a custodial sentence will only be considered for very high speeds and would 82 in a 50 really fall into that category; in your experience how many people have been put behind bars for something similar? I'd have thought a hefty fine accompanied by either lots of points or a ban was a far more likely outcome?

However, if as a society we think it's appropriate to lock-up a GP for a speeding offence like this - while at the same time allowing burglars and the like to walk with little more than a slap on the wrist - we really have lost the plot IMO.....

[JNW1]

Originally Posted by Vroombimmer

Okay we have established that I will not be taking any points for her. That was an error on my part and a somewhat foolish thing to say/broadcast, so please no more wise posts-only constructive ones

I think many of us know people who've done what you were thinking about doing but I think you've made absolutely the right decision. At the speed your wife was doing there's a good chance the case will go to court and if the prosecution has the evidence to hand - which presumably they will - it will quite clearly show a lady driver in which case both of you would be in big trouble if you're stood in the dock claiming it was you driving!

As others have said, your wife needs to enter a guilty plea and if she's required to attend court get a decent lawyer who specialises in this sort of thing to argue her case. If she's lucky she'll avoid a ban but regardless going forward she needs to rein it in (as I'm sure you both know!).

[stefan4]

not worth the risk of a perverting the course of justice charge.

[sensible]

Originally Posted by badgerbrock72

Was this the collector Road by castle bromwich by any chance? The dual from the m6 junction 5?

If so that's where I got caught, 6am empty Road 66 in a 50.

Used to be national speed limit apparently....

I was one of the Police Forensic Collision Investigators with West Midlands Police that frequently investigated fatal/serious collisions on that stretch of road. Most were caused by someone crossing the carriageway through the intersection and hit by a car at high speed.

It was my Sergeant that campaigned with the council to have the speed limit reduced from National Speed limit. Since then the number of fatal/serious collisions has dramatically reduced.

The reduction of the speed limit was about 10-15 years ago now.