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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice.
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Warwickshire Police caught be doing 104 mph on the motorway

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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?

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.

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