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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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Was caught with a police speed gun doing 49mph in a 30 mph

Resolved Question:

Was caught with a police speed gun doing 49mph in a 30 mph area. Police have said that it is borderline as to whether I will get a Fixed Penalty Notice or whether it will be a summons to court. What is the likelyhood that I will lose my licence if I have no previous convictions and no additional points
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

When did you pass your test?
Customer: replied 1 year ago.
Hi Jo,

I passed my test in August 2007.
Customer: replied 1 year ago.
FOR JOMO1972
Hi Jo,

I passed my test in August 2007.
Expert:  Jo C. replied 1 year ago.
Thanks.

I just need 10 mins to type out an answer for you. Good news though overall.
Customer: replied 1 year ago.
FOR JOMO1972

Thanks. Look forward to you reply.
Expert:  Jo C. replied 1 year ago.
Thanks for the information.

I have to say I think it was quite optimistic of the officer to suggest a fixed penalty is an option. The sentencing guidelines make clear that this should be dealt with at court. It is possible that they could miss that. Its amazing how quite high speeds can attract the fixed penalty sometimes when it suits them.

In any event though, if this went to court you are facing either 4-6 points or 7-56 days disqualification.

If this was a 30 mph zone then they do tend to contain vulnerable road users so a high speed there is always worse than on motorways and A roads. However, there is no other aggravation here and you have no other points. Realistically they are going to give you points and a fine. I would bare yourself for 6 points though to reflect the high speed.

The fine will probably be 75%-125% of your weekly income.

You have held your licence for more than 2 years so there is no chance of revocation under the new drivers scheme.

You do have other points taking you to 12 so you won't be banned for totting.

Realistically, they are not going to disqualify you outright for 49 in a 30 mph zone although they may summons you to attend to consider it.

Hope this helps. Please let me know if you want more information.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64072
Experience: Over 5 years in practice.
Jo C. and 3 other UK Law Specialists are ready to help you

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