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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69261
Experience:  Over 5 years in practice.
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i have just been sent a notice of intended prosecution for

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i have just been sent a notice of intended prosecution for driving 95 mph on aXXXXX..offence carries max fine of £1,000 and a driving licence endorsement of 3-6 penalty points or disqualification, what should I do?

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

To achieve what?

Do you deny the offence?
Customer: replied 3 years ago.

I don't deny the offence - but 95 mph does sound too high. I want to know what my possible punishment is likely to be

How long have you been driving please?
Customer: replied 3 years ago.

Since April 1999. I have a clean licence.

Thank you.

If this is 95 mph in a 60 mph zone then its in the highest sentencing bracket I'm afraid. It carries either 6 points or a disqualification of between 7 - 56 days. They will not disqualify on a first offence. They will add 6 points. There will also be a fine of between 75-125% of your weekly income, £85 in costs and £35 or thereabouts for the victim surcharge.

If you want to challenge the speed then you can plead guilty on the basis that you were speeding but at a lesser speed. The risk of that is that it may lead to a Newton hearing where the court determines the facts. If you lose that then you will lose credit for a guilty plea which doesn't count for much with speeding anyway but costs will be higher.

You have been driving for more than two years so 6 points will not lead to revocation of your licence and you have a clean licence so you are not at risk of disqualification for totting.

Can I clarify anything for you?

Customer: replied 3 years ago.

Thank you - do you think this will require me to go to court? I would like to avoid this and accept the charge.

They will probably summons you to court. You can plead guilty by post.

They may ask you to attend to consider disqualification but ultimately if you are on a summons they cannot take action against you if you don't attend. All they can do is hear the case in absence.
Customer: replied 3 years ago.

Thanks again - will it benefit me to attend in person?

Thats a question that always depends on the individual defendant.

Certainly if a person is going to attend smartly dressed and behave respectfully XXXXX XXXXX Court then generally speaking that is better than pleading by post.

On the other hand there are people who attend and are abusive and they would be better off pleading by post.
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