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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice.
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I was accused of doing 37mph in a 30mph zone but I'm adamant

Customer Question

I was accused of doing 37mph in a 30mph zone but I'm adamant I was under 30mph. If I go to court and lose because I have no concrete evidence, what might be the increased costs or endorsements?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.

Do you have any other points?

Customer: replied 1 year ago.
No points. Clean license. I'm 41 years old. Company Director. No criminal record.
Expert:  Jo C. replied 1 year ago.

The risk in going to court is an increased financial penalty. For 37 mph in a 30 mph zone you would still only get three points although obviously if you did the speed awareness course you would lose that.

If you go to court the fine would increase to 75-125% of your weekly income, costs of over £600 if you had a trial, a court charge of £180 and the ridiculous victim surcharge which the Government levies in order to give handouts to charities like Kids Company which would not be needed if people looked after their children properly!

The costs order does depend on the type of trial you have. The worst I have seen over was over £4000 but he had insisted upon calling expert evidence and putting the Crown in a position where they needed to as well. That is extremely rare. Usually it is around £300-£600.

That said, the advantage of refusing the fixed penalty is that they may forget to summons. That does quite often happen especially in busy areas. I would never take the fixed penalty personally but then I am happy to run the risk of increased costs.

Can I clarify anything for you?

Jo

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