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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice.
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I pleaded guilty to driving 88mph in a 60mph zone (via post)

Customer Question

I pleaded guilty to driving 88mph in a 60mph zone (via post) and received a court summons that mentioned a potential driving ban. I only have a foreign driving license (Polish). Can the court ban me from driving in the UK? How long is the ban likely to last?
Thank you,
Igor
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.

Hello do you use your car for work?

Customer: replied 1 year ago.
no, I don't unfortunately
Expert:  Jo C. replied 1 year ago.

OK. How long have you been here please?

Customer: replied 1 year ago.
I have lived in the UK since February 2015. Before that I lived elsewhere (New York) for a year. Before that I lived in the UK between 2008-2013
Expert:  Jo C. replied 1 year ago.

OK. Do they know accept that you only entered in Febuary?

Customer: replied 1 year ago.
The court does not know it yet, but there is no reason not to accept it when I tell them at the hearing. I was resident in the United States for 12 months until February 2015 and paid taxes there, and I did not have a job / interests / a place of abode in the UK so it's not questionable. Why is it relevant?
Expert:  Jo C. replied 1 year ago.

Because you can only drive on a European licence for so long and but for the break in Febuary you would be in breach.

Customer: replied 1 year ago.
OK. How long can I drive on my Polish license? I thought since it is a EU license I am in the clear. My car is registered in the UK (first registration February 2015).
Expert:  Jo C. replied 1 year ago.

If you entered in February you are fine. Even if they don't accept it, if you can prove it then you are home and dry.

In terms of sentence, 88 mph in a 60 mph zone does carry a ban but it isn't likely. It would almost certainly just lead to 6 points. If they do ban then it will probably be about 14 days. It is not a long period of time but the fact of the ban does have a horrendous effect upon insurance.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Thanks, ***** ***** can do / say / present to help my chances of getting points and avoiding the ban? I am not concerned about 14 days but higher insurance premium would be painful.
Expert:  Jo C. replied 1 year ago.

You would have to disclose points too which would lead to an increase premium although not so bad.

What were the circumstances of this incident?

Customer: replied 1 year ago.
It was a speed camera on a dual carriageway with 60mph limit because of a crossing ahead (so not an urban area).
Expert:  Jo C. replied 1 year ago.

That is not the worst speeding then.

Generally speaking with speeding it is a case of expressing remorse and emphassing your hitherto good driving record.

You can also refer to the absence of any heavy traffic, the clarity of the conditions, the clemency of the weather and the shortness of any distance driven at speed.

Customer: replied 1 year ago.
Thanks. Could you let me know when I need to replace my Polish license for a UK one?
Expert:  Jo C. replied 1 year ago.

For three years from the date of becoming a resident in the Uk which is usually defined as having lived here for 185 days.

Customer: replied 1 year ago.
thanks. Can the penalty be more severe if I have exceeded speed twice in the same place? I am not sure if that is the case, but the documents mention two dates (and I have been in that place on both dates). However, both of the mentions are for the same 88mph which I think is extremely unlikely. I have also been provided with photo evidence for only one of them.
Expert:  Jo C. replied 1 year ago.

Accumilatively it could be worse - if you received 6 points x 2 then you would be a totter.

But it would not be aggravated on the second occasion because of the first.

This is almost certainly a mistake though. It is not going to be 88mph on the nose on both occasions.

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