BMW - Speeding disqualification - cassie hudson

Hi,

My son was caught at 7.30 am doing 90 miles and hour in a 50 zone. He knows it was wrong, and in fact got rid of the car. It took a while for anything to come through, so was not sure what was happening ( happened in Oct he heard March). He has a clean licence, so this was the first time. He got a 112 day ban and 780 fine. he told them he was self employed, that he was a father to three children, and that he now had one of those children living with him, who has a contract with one of the premier football club, so has to take him 4 times a week training. If he loses his licence it will be difficult to get to work, as well as once he is home (earliest 4.30) to then get his son to training using trains (and it would be country buses) to get to his training. Do you think it is harsh?

Edited by cassie hudson on 02/06/2017 at 19:20

BMW - Speeding disqualification - skidpan

My son was caught at 7.30 am doing 90 miles and hour in a 50 zone.

He got a 112 day ban and 780 fine.

Do you think it is harsh?

In a word, NO.

BMW - Speeding disqualification - Avant

Given the excess of his speed over the limit, I think they may have taken his situation into account in only banning him for 112 days (a curiously precise figure - I thought it was done in months). It could have been a lot longer.

If he'd been doing, say, 60-70 mph this would have led probably to just three points on his licence. Only a few of us can say we've never done something like that. But 90 mph is verging on the dangerous. Whatever the reason for the 50 limit, it's there because there must be a potential for drivers to need to slow down - it could be houses, a lot of side turnings, or just a twisty road. Your son couldn't have slowed down enough if needed.

I don't want to sound sanctimonious, but his speed of 90 mph could have put someone else's life at risk.

Edited by Avant on 02/06/2017 at 20:06

BMW - Speeding disqualification - scot22

Not sanctimonious but a reasonable observation. I am also wary of 'contract with Premier League club'. The vast majority of youngsters who are signed are discarded with shattered dreams (also known as fantasies of child and parent)

No reason for any leniency.

BMW - Speeding disqualification - Bromptonaut

I'm not sure 7:30 is any sort of mitigation. Round here commuter traffic is already building; 9-5 is no longer the rule. As well as that kids with longer school journeys or atttending breakfast or study clubs are making their way to school.

BMW - Speeding disqualification - Middleman

Magistrates’ sentencing guidelines for a 50mph limit only cover speeds up to 76mph. For this, the suggested penalty is a fine of 1.5 times weekly income (reduced by a third for a guilty plea), 6 points or a ban of up to 56 days. The excess (26mph) covered by these guidelines is 50% as near as makes no odds. A footnote to the guidelines suggests that

“Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days.”

Your son was recorded at 80% over the limit and whilst it is not a precise mathematical exercise when the guidelines have been exceeded (or indeed when the offence falls within the guidelines) this will give you some idea of how the court arrived at its sentence. Incidentally it is not a curious amount. It is twice the maximum covered by the guidelines and is, in fact, 16 weeks.

The inconvenience or hardship such a disqualification brings is, strictly speaking not a matter for the court’s consideration. The argument that “Exceptional Hardship” may be visited on the defendant or others is only available for “totting up” bans. However, magistrates are human and will listen to any such representations even if not strictly applicable to the situation. But 90 in a 50 is serious speeding and they obviously dismissed any such representations from their decision.

Clearly the court took the view that your son was driving “grossly in excess of the speed limit” and increased the disqualification period accordingly. My view is that the sentence was not at all harsh.

BMW - Speeding disqualification - RT

The effect of any appropriate penalty shouldn't take personal/family situation into account, IMO - if the loss of his licence has a major impact then that alone should have been enough incentive to NEVER speed.

The highway authority for that particular road must have had safety concerns so reduced the limit to 50 from 60 (single carriageway) / 70 (dual carriageway).

Your son needs to take the punishment, learn a valuable lesson and then get on with the rest of his life.

BMW - Speeding disqualification - Palcouk

Too late now, but he perhaps should have obtained expensive specialist legal representation to put forward the mitigation.

BMW - Speeding disqualification - Middleman

What mitigation would that be?

BMW - Speeding disqualification - gordonbennet

Indeed a smotth talking suit could have been gainfully employed, result, he would have been another £2000+ out of pocket and still banned.

Whilst no nuns carrying baskets of kittens were knocked flying, the overspeed is bad enough that a ban is to be expected, basically he took the p, i too need my licence for my work so whilst i will not lie and say i never speed, neither do i take the p or i too would expect a ban...which would lead to the loss of a very good job too.

BMW - Speeding disqualification - galileo

90 in a 50 is ridiculous. Apart from any other factors, if you are a parent with a family to support (and ferry around) you are acting irresponsibly.

BMW - Speeding disqualification - Avant

Thank you so much for that, Middleman - I didn't know that was in the magistrates' guidelines, but it makes perfect sense. We learn something new every day!

Cassie - welcome to the forum. We're a bunch of reasonable people on this forum who are interested in, and enjoy, motoring. We don't meet but we are 'virtual' friends. Our wide agreement on this issue is I think telling.

I'm the moderator on the forum and on behalf of all of us I would ask you to pass our views on to your son. You'd do everyone a service if you can persuade him that his driving could have endangered his own or someone else's life. That's why we don't think the punishment was harsh, and we hope and pray for all our sakes that after the 112 days he doesn't get back into his BMW and risk it again.

BMW - Speeding disqualification - skidpan

Last Saturday on the M74 a white BMW M4 hammered past us when we were travelling with the cruise set at 72 mph, he must have been doing close to or possibly over 100mph judging by the way he disappeared into the distance.

But not for long. At the next junction a jam sandwich joint the M74 with all lights blazing and a few miles down to road he had pulled up the M4.

But did he learn, don't be daft. 30 minutes or so later after the M74 had crossed the border and turned into the M6 what past us doing stupid mph, you've guessed it , a white BMW M4.

Perhaps he thought that the the limit was different in England to Scotland.

 

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