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: 64954
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

Warwickshire Police caught be doing 104 mph on the motorway

Resolved Question:

Warwickshire Police caught be doing 104 mph on the motorway ( exceeded 70 mph limit ). They have only stated on the letter that they intend to institute proceedings against me, what exactly does this mean? could i face jail or be banned from driving?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.

Jomo1972 :

Hi.

Jomo1972 :

Thank you for your question.

Jomo1972 :

No, it means that you will face either 6 points or a short ban of between 7-56 days.

Jomo1972 :

Realistically, since you are at the middle of the sentencing bracket you are facing points not a ban.

Jomo1972 :

70 mph zones tend not to contain vulnerable road users and other aggravating features.

Customer:

and the max amount of points you can have on your license if 12correct?

Jomo1972 :

There will also be a fine of between 75-125% of your weekly income.

Jomo1972 :

Yes, 12 points.

Jomo1972 :

Unless you have been driving for less than 2 year

Jomo1972 :

s

Customer:

I am a student and do not have any income as such

Jomo1972 :

in which case you will be revoked under the new drivers scheme.

Jomo1972 :

Everybody has an income.

Jomo1972 :

They will just work out your yearly income and divide it by 52.

Jomo1972 :

also, costs of £85 and the victim surcharge of £35 or thereabouts.

Jomo1972 :

This doesn't carry custody.

Customer:

will there be a court summons for my case then? at the moment they are just sending me a letter to confirm that I was the driver

Jomo1972 :

Well, they could forget to summons. That does happen.

Jomo1972 :

But certainly on the sentencing guidelines they should summons rather than offer a fixed penalty.

Jomo1972 :

They might offer a fixed penalty and then realise their mistake.

Jomo1972 :

It is likely to go to court long term.

Customer:

ok then

Customer:

they have stated i have no choice on the fixed penalty if the offence is excessive

Customer:

so, I will probably be summoned to court it seems

Jomo1972 :

Yes, its miles per hour over the speed limit that determine the sentencing.

Jomo1972 :

It is probable that you would be summonsed but not guaranteed.

Jomo1972 :

In a busy area they are very disorganised often.

Customer:

the road was very clear that they, plus I have delayed my response by a very long time

Customer:

I did not recieve the inital letter it seems

Jomo1972 :

How long?

Customer:

the final reminder only got to me on saturday

Customer:

they said they sent me a letter on 6th of August

Jomo1972 :

What was the date of the offence?

Customer:

3rd of August

Jomo1972 :

They have until the 3rd February to lay an information before the Court then.

Jomo1972 :

They do sometimes run out of time.

Customer:

sorry, a correction; it was only today that my parents received the final notice letter, and I wont get this letter until monday or tuesday

Jomo1972 :

The time starts from the date of the offence

Customer:

ok, thank you for your assistance

Jomo1972 :

No problem.

Jomo1972 :

All the best.

Customer:

one last thing

Jomo1972 :

Yes?

Customer:

If i call them over the phone, will they be able to inform me what option they want to offer me? or will I have to wait for a letter from them instead?

Jomo1972 :

They won't tell you but anyway its a bad idea.

Customer:

I am just very anxious about all this...never stepped on this sid eof the law before

Jomo1972 :

All things like that do is remind them of the need to review your case.

Jomo1972 :

You want to be sitting very quietly.

Jomo1972 :

Thats the way for them to miss your case.

Customer:

so I dont even call them on monday to tell them why my response is late?

Jomo1972 :

Are you out of the 28 day period?

Jomo1972 :

From the date of the last issue?

Customer:

they data on the final notice they sent me is 30th of Aufust, which is yesterday. And they state that I have 7 days to response before they take legal action against me

Customer:

August*

Jomo1972 :

As long as you do respond in 7 days they will not charge you with failing to identify.

Jomo1972 :

But don't call them. Just do it.

Jomo1972 :

There's no point in calling them.

Jomo1972 :

If you are out of time then you are out of time.

Jomo1972 :

They won't not prosecute because you have called them.

Customer:

ok then, thank you very much.

Jomo1972 :

No problem.

Jomo1972 :

All the best.

Jomo1972 :

Please remember to rate my answer.

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64954
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    3186
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3186
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    138
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    30
    Solicitor with UK Traffic Law experience
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    17
    17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    12
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    12
    LLB (Hons)
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    174
    PGD Law. 20 years legal profession, 6 as partner in High Street practice