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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice.
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My father in law has been caught doing 102 by a camera on

Customer Question

Customer: my father in law has been caught doing 102 by a camera on the motorway - he has already got 6 points for speeding 2 * 3 and has also been on a speed awareness course - will he likely get banned
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Submitted: 11 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 11 months ago.

Hi. Thanks for requesting me. I am just about to go offline for 30 mins but I can pick up later if that is OK?

Customer: replied 11 months ago.
how will i know when you are back on?
Customer: replied 11 months ago.
have you had a chance to respond yet
Expert:  Jo C. replied 11 months ago.

Hi. I am back.

I presume this was a 70mph zone? It wasn't a reduced section?

Customer: replied 11 months ago.
it was a 70 mph zone -
Expert:  Jo C. replied 11 months ago.

OK. When were his last set of points?

Customer: replied 11 months ago.
not 100% sure but certainly within last 12 months and he has also been on a speed awareness course to avoid another set of points
Expert:  Jo C. replied 11 months ago.

Ok. There is no way around that then.

If this is 102 mph in a 70mph zone then he is at risk of 6 points or a short ban of between 7-56 days. The reality is that he would only get 6 points as the speed is at the lowest end of the sentencing bracket.

That does mean that he would now have 9 points on his licence though. That does not lead to totting but it does place him on the cusp of disqualification.

There will also be some financial penalties I'm afraid although probably that is not his concern.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
sorry I should have said he has 6 points valid on his licence the comment on 3 was that they were certainly within the last 12 months but he does have another 3 so he is on 6 plus he did a driver aware course
Expert:  Jo C. replied 11 months ago.

Then he is at risk of totting.

Unless he gets a short ban.

I'm afraid that if he is a totter then he will be banned for 6 months unless he can show undue hardship.

Customer: replied 11 months ago.
what would be his best course of action - I presume he should get legal representation?
Customer: replied 11 months ago.
whilst I know a very hard question to answer do you think some sort of ban is likely?
Expert:  Jo C. replied 11 months ago.

If this is just a S172 request then I wouldn't start getting legal representation now. It might be that they will forget to summons. That does happen sometimes.

Customer: replied 11 months ago.
it is the form asking who the driver is and the car is registered in my wifes name which is why we have the letter so she needs to fill in who is driving and then send it back. I assume she should do that or is that the wrong thing?
Expert:  Jo C. replied 11 months ago.

Yes, she will have to respond. So will he when they ultimately write to him.

But I wouldn't go to the expense of representation yet.

You don't need it until they actually summons and that might not happen.

Customer: replied 11 months ago.
ok thank you for your help - would you be able to help if we need legal representation?
Expert:  Jo C. replied 11 months ago.

I can't accept instructions directly under the rules of this site but you can always post back here if you need more guidance. It might well be something I can do remotely.

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