How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
12826847
Type Your UK Traffic Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

I was pulled over by a police officer and was told he caught

This answer was rated:

I was pulled over by a police officer and was told he caught me doing 64mph in a 30 zone.
He will have caught me fairly early on into the 30 zone as i would not have continued at the speed, by the time he pulled me over i was doing the speed limit.
He pinged me after dark and coming out of a 60mph zone.

What is likely to happen and should i seek legal advice? The loss of my driving license would meen the loss of my job, hobbies, lifestyle and probably eventually my girl friend, so i am very keen find anything that may help me in my defense.
Hi

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

Do you have other points?
Customer: replied 3 years ago.

I have 3 points on my license for using a mobile phone.


i was borne 19/04/1992.


I drive a Renault traffic van.


 


 

What was the date of those points?
Customer: replied 3 years ago.

i do not know for sure at the moment. I would estimate around April 2011

Thats fine. Thats all I need to know.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

If you were doing 64 mph in a 30 mph zone then that exceeds slighly the highest sentencing bracket. They could charge you with dangerous driving not speeding but they will not do that. Your speed is only slightly over the bracket. If they do then plead not guilty and take it to the Crown Court. A jury will never accept this amounts to dangerous driving.

What is does mean though, I'm afraid, is that the risk of a ban is high.

For people travelling at between 51 mph to 60 mph the sentencing guidelines say 6 points or a ban of between 7 – 56 days.

You are slightly over that sentencing bracket so you really should brace yourself I'm afraid for a short ban. I've seen some courts give people longer than 56 days as the sentencing guidelines don't apply to the offence but thats not likely here. It is literally only 4 mph.

They will probably be considering a ban though I'm afraid. The fact that this was a 30 mph zone is going to be an aggravating feature as it contains vulnerable road users generally. You would to be emphasising in mitigation the shortness of any distance driven at speed, the absence of heavy traffic and good weather conditions if those are points you can truthfully make.

Unfortunately the points you are raising amount to an exceptional hardship argument which is not a ground to avoid an immediate ban.

If they do just give you 6 points then you will be safe as, although you do have 3 live points, that will only leave you with 9 points on your licence and you are not a totter until you have 12.

It is always possible that they will forget to summons you. That does sometimes happen.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C. and other UK Traffic Law Specialists are ready to help you

Related UK Traffic Law Questions