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Jo C.
Jo C., Barrister
Category: UK Traffic Law
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Experience:  Over 5 years in practice.
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I was caught speeding doing 65 MPH in a 30 MPH limit, the officer

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I was caught speeding doing 65 MPH in a 30 MPH limit, the officer stated that it was a 40MPH limit. Also he did not read my rights also he sataed that he was going to recommend that i go on a speed awareness course as opposed to points and a fine. Do I have any recourse to prevent a disqualification.
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.
-Could you explain your situation a little more?

Expert:  Jo C. replied 2 years ago.
Why do you think its a 30 mph zone?

Customer: replied 2 years ago.
FOR JOMO1972

What more do you wish to know, There are 30 mph signs but it used to be 40Mph which why the officer might have thought it was 40mph
Expert:  Jo C. replied 2 years ago.
That's a shame. Obviously, there will be beneficial if they did set down the particulars whether this was a 40 mph zone.

I'm afraid there's no need for an officer to read your rights for speeding offence.. That only arises if an officer intends to make an arrest. Speeding is not an arrestable offence. All an officer needs to do at the scene is the view of verbal notice of intended prosecution. I'm 40 that can be done very informally and from what you say he is clearly confide with the requirements.

I'm afraid they are likely at some point to realise this was a 30 mph zone. I am sorry Barts if you are doing 65 mph in a 30 zone then they could justify a charge of dangerous driving. That speed limit creeps just outside of the highest sentencing bracket. The practical reality Is that it is quite unlikely they would do that. They would charge this as a speeding offence which from your point of view is a good deal.

However I'm afraid that you are likely to be summoned to court. Those who are caught travelling between 51 miles an hour and 60 miles an hour in a 30 miles an hour zone face 6 points on their licence or disqualification of between 7 to 56 days. You are obviously over the highest speed in the sentencing bracket and so realistically you are likely to face disqualification I'm afraid.

Unfortunately, you will not be able to apply to avoid disqualification on the basis of exceptional hardship because you are not a totter.

Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to advise you truthfully.

Hope this helps. Please press ACCEPT and then I will answer your follow up questions for free. Your question will not close but I will thereafter give you related information at no extra cos
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64029
Experience: Over 5 years in practice.
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