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Alice H
Alice H, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2847
Experience:  Partner in national law firm.
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I was flashed on a motorway a couple of days ago near midnight...possibly doing 100mph - w

Customer Question

I was flashed on a motorway a couple of days ago near midnight...possibly doing 100mph - will i get a court summons or an FPN? It was the M3 motorway I think. I need to know whether this could affect my ILR application - I'm due for an appointment on 30 Aug at PEO office.
Submitted: 1 year ago.
Category: UK Traffic Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Sorry - ILR appointment is 30 JULY, not 30 August.
Customer: replied 1 year ago.
Also - does this give me a criminal record? Would I be summoned to court and if so does that cause me to have a criminal record?
Expert:  Alice H replied 1 year ago.
I can arrange a live phone call for you. Please review the offer of additional services.
Customer: replied 1 year ago.
Sorry I clicked the phone option by mistake; I'm happy just to receive a written reply.
Expert:  Alice H replied 1 year ago.
Do you have a clean licence?
Customer: replied 1 year ago.
Yes. License Since August 2011.
Customer: replied 1 year ago.
I had one parking fine a month ago. (PCN)
Expert:  Alice H replied 1 year ago.
The police will request the drivers details first. That usually takes two weeks. Having received the details they will either offer attendance on the speed awareness course (no points and no fine) or a fixed penalty. These do not result in a criminal record which will affect your ILR. If you do not accept the course or fixed penalty and end up in court then your ILR could be affected as there was a court appearance. However, none of this is likely to happen before the 30/07/2015 so you should be able to submit your application without a problem.
Customer: replied 1 year ago.
Thank you. I would certainly attend a course or pay the fixed penalty immediately. However, I read from certain regulations that at speeds over 96mph one would be likely to be summoned to court or told to pay a court-imposed fine. Is your answer based on the fact that I have a 'clean' license? Is this the same across all police forces?
Customer: replied 1 year ago.
Basically I'm keen to avoid a court appearance at all costs as it would obviously also affect any future application for naturalisation; hence the anxiety! Thanks.
Expert:  Alice H replied 1 year ago.
Over 96 or possibly doing 100?Why the need to speed? Was there an emergency?
Customer: replied 1 year ago.
It was late and I had received an email that I had to be in an early operating list the following morning to start early and then dash to clinic as soon as possible due to a colleague being unwell (i.e. covering duty); I was also due to be on-call - I'm an eye doctor in London. I had just dropped off an ex-classmate in Southampton (he was on-call the next day) and was trying to rush back to London. I cannot remember the exact speed but let's assume it could be over 100.
Customer: replied 1 year ago.
This was around 11pm/midnight on Sunday.
Expert:  Alice H replied 1 year ago.
The sentencing guidelines say 4 - 6 points or disqualification for this speed ( disqualification unlikely as no other aggravating features ). So the course and fixed penalty can be ruled out - if the camera was working and you are asked to supply the drivers details a prosecution is likely to follow and if you plead guilty the court will probably impose 4 points taking into account your clean licence etc. However, even if the details of the driver is requested within the next couple of weeks, a court summons is unlikely to be issued for a number of weeks. In my experience the police can take 2 - 3 months ( if not more) to get the paperwork ready for a court case.
Customer: replied 1 year ago.
I see. So I would only find out about a court summons after several weeks, and not the 2 weeks for an NIP? Does this automatically result in a non-custodial conviction on the record?
Customer: replied 1 year ago.
At the 2 week NIP notice would I know whether I would be receiving a court summons?
Expert:  Alice H replied 1 year ago.
No. The NIP comes first regardless of the next step. The time limit for a prosecution is 6 months from the date of the alleged offence.

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