1 series - Driving ban advice - Ricky1991
Hi all, just looking for advice no negative comments.
Basically I've bin caught speeding doing 94 in a 50 zone (I know I've bin an idiot, holds hands up)
I already have 10 points from just over 2 years ago, so far I've just received a letter asking if it's me driving, obv I will say it was. But my questions are as follows

Do I pay nearly a £1000 for a lawyer ?

Is there a chance of getting a short ban as solicitors keep saying I can?

How long will I be banned for?

Is there any point in getting character references?

Thankyou in advance guys
1 series - Driving ban advice - Falkirk Bairn

10 points in 2 years & you do 94 in a 50!

You do not need a lawyer.

Invest your money in an appointment with a psychiatrist.

1 series - Driving ban advice - Ricky1991

10 points in 2 years & you do 94 in a 50!

You do not need a lawyer.

Invest your money in an appointment with a psychiatrist.

You've got too much time on your hands
1 series - Driving ban advice - FP

Steady on! He asked for advice and no negative comments. I really don't think the previous two posts are warranted at all - he's admitted his error.

The issue really is, how can he make the best of the pickle he's got himself into. If I could advise I would, but it's totally outside my experience.

Edited by FP on 16/04/2018 at 15:55

1 series - Driving ban advice - nick62

How can you advise somebody for doing 94 in a 50. You would be prosecuted for going that fast on the M1.

Just think of it as being done for doing 132 MPH in a 70 zone (i.e. 88% over the limit). It's going to be expensive.

I don't think Nick Feeeman will be able to get you off TBH?

1 series - Driving ban advice - FP

At least subsequent posters actually came up with something helpful.

1 series - Driving ban advice - SteVee

>>(I know I've bin an idiot, holds hands up) <<

That's the right attitude. Are there any reasons why you should not be banned ? Is your car essential for work, or to take your children to school etc.etc. If so, then a lawyer may be useful. If there aren't reasons then assume you're going to get banned and act accordingly - sell the car if no-one else is using it; It's no longer a suitable car for you, and take the attitude you showed above to court. I'm glad to see you're not trying to defend your speeding - there is no defense that a court would listen to for that excess speed.

Good luck with your day in court

1 series - Driving ban advice - gordonbennet

I suppose there's lawyers and lawyers, thankfully i've had little dealngs with them other than when they emptied my wallet for house purchasing and divorce advice.

I assume this will go to court as even if they let you off with a fixed penalty (most unlikely) you will be over the totting up max, In all honesty all a lawyer can do for you is plead mitigation and my honest opinion is that you can do an equally good job of that yourself, by pleading guilty being contrite apologising and asking for leniency due to xyz.

As for a lawyer waving a magic wand and casting a spell on the magistrates, well they would say that wouldn't they, i doubt any one of them will offer a refund if what they suggest doesn't materialise, but happy to be proved wrong if you find one that does.

Obviously i'm no legal expert, its only mu opinion which is based on what i've seen and not so long ago, over £1000 up the creek on the solicitor and the maximum penalty issued, complete waste of money.

Edited by gordonbennet on 16/04/2018 at 16:52

1 series - Driving ban advice - RobJP

You're highly likely to get a ban. The previous offences (unless they were speeding, in which case it's only going to make matters worse) will have no real bearing on the punishment.

The ban will most likely be for 6 months.

As to whether a lawyer will make any difference, I honestly doubt it. Go to the hearing and apologise, you've learnt your lesson, deeply regret your actions, etc. (this is where it's helpful if your previous offences are NOT for speeding, as you aren't a repeat offender). Be tidy, respectful. It's not going to stop you from getting a ban, but it might help in the length of the ban or the amount of the fine.

I'm honestly surprised that your licence wasn't instantly suspended. That sort of amount over the limit, it usually is (for a 50 limit, anything over 75).

Do note that if you do get a ban that lasts for more than 56 days, your licence does NOT automatically become valid at the end of the ban. You will need to apply to DVLA for your licnece to be re-instated.

1 series - Driving ban advice - Middleman

Do I pay nearly a £1000 for a lawyer ?

No. Save your money for the inevitable hefty fine and costs.

Is there a chance of getting a short ban as solicitors keep saying I can?

No. They are leading you up the garden path.

How long will I be banned for?

You obviously realise that a ban is inevitable. It’s simply a question of how long and what mechanism the court uses to impose it. They have two choices:

(a) impose six points thus making you a “totter” (12 points in three years). This carries a mandatory six month ban unless an “exceptional hardship” argument is accepted.

(b) disqualify you for the single offence itself.

Your speed is so high that it is well into “ban” territory for the single offence. The guidelines for speeds of 76 and above suggest a ban of between 7 and 56 days. But they also say this:

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

94 is indeed “grossly in excess of the speed limit” and I would not be surprised if they disqualify you for up to six months for the single offence itself. This has two advantages (for the court): Firstly it will prevent you from making an “exceptional hardship” plea (this is only available for “totting up” bans). Secondly it will leave you on ten points, so "concentrating your mind" until the first of your ten points come off.

Is there any point in me getting character references?

None whatsoever. Character references usually mitigate offences of violence or dishonesty. They are of no benefit when mitigating a speeding allegation.

You may be fortunate and encounter a particularly sympathetic Bench who will impose a relatively short ban. But my money is on you being off the road for six months, one way or the other

Edited by Middleman on 16/04/2018 at 23:10

1 series - Driving ban advice - KJP 123

94 in a 50 zone, already 10 points on licence and you don’t want negative comments? You have got off lightly here.

I think that your only regret is getting caught. Hope they throw the book at you.

You could so easily have killed someone. The longer you are off the road the safer people will be.

1 series - Driving ban advice - gordonbennet

You could so easily have killed someone. The longer you are off the road the safer people will be.

beware low flying halos

Ricky, i think you've had the right advice in Middleman's post above, he should know.

Edited by gordonbennet on 17/04/2018 at 10:12

1 series - Driving ban advice - KJP 123

beware low flying halo

Oh I know that I am not a perfect driver and everyone makes mistakes but this is not a mistake even a below par driver could make. It was intentional. I can’t think why he is not charged with dangerous driving.

In another thread, I am sure that you have all seen it, the driver of a white car was nearly hit from behind and is criticised for not making their turn sooner. I agree it was slow but they are getting more condemnation than this driver.

1 series - Driving ban advice - RobJP

beware low flying halo

Oh I know that I am not a perfect driver and everyone makes mistakes but this is not a mistake even a below par driver could make. It was intentional. I can’t think why he is not charged with dangerous driving.

In another thread, I am sure that you have all seen it, the driver of a white car was nearly hit from behind and is criticised for not making their turn sooner. I agree it was slow but they are getting more condemnation than this driver.

Quite possibly this person isn't getting slammed by everyone is that they're not trying to make out it was a mistake, or that their driving was in some way safe.

Whereas the other post, the person seems to conveniently ignore any 'awkward' questions or comments, in this thread the person has stood there and taken them 'on the chin' so to speak.

1 series - Driving ban advice - KJP 123

Quite possibly this person isn't getting slammed by everyone is that they're not trying to make out it was a mistake, or that their driving was in some way safe.

Whereas the other post, the person seems to conveniently ignore any 'awkward' questions or comments, in this thread the person has stood there and taken them 'on the chin' so to speak.

Yes, there is a certain evasion in the other post but the driving there seems to me to be a bit below par at worst, maybe a lack of confidence. The sort of thing many older drivers exhibit, waiting for a longer gap in traffic than is necessary.

94 in 50 zone is irresponsible and because he says (I know I've bin an idiot, holds hands up) everyone gives him a pass?

Look at what he wrote: “I already have 10 points from just over 2 years ago”. I may be wrong but that does not sound like he is saying points from minor speeding infractions over the last 2 years: a b***** great driving offence 2 years ago.

I still don’t understand why he gets sympathy.

1 series - Driving ban advice - RobJP

Yes, there is a certain evasion in the other post but the driving there seems to me to be a bit below par at worst, maybe a lack of confidence. The sort of thing many older drivers exhibit, waiting for a longer gap in traffic than is necessary.

94 in 50 zone is irresponsible and because he says (I know I've bin an idiot, holds hands up) everyone gives him a pass?

Look at what he wrote: “I already have 10 points from just over 2 years ago”. I may be wrong but that does not sound like he is saying points from minor speeding infractions over the last 2 years: a b***** great driving offence 2 years ago.

I still don’t understand why he gets sympathy.

He's getting sympathy ? From who, and where ? Please, pinpoint the posts. The most sympathetic thing I can see is someone wishing him good luck in court.

He's accepted he's almost certainly going to be getting a ban, and his actions were .. let's say not the most wise ... on the planet. Going for a superfluous kicking for the hell of it isn't going to accomplish much, apart from making those doing the kicking feel a bit more smug about themselves.

He asked a question. Did people think that him engaging a solicitor to represent him in court would help with mitigating the ban/fine he's going to be facing, or not.

You want to go in for the smug kicking, rather than helping out a bit, go for it. I personally pointed out that I was surprised his licence wasn't immediately suspended, but your comment displays a certain ... visiousness, for want of a better word.

1 series - Driving ban advice - Leif

You could so easily have killed someone. The longer you are off the road the safer people will be.

beware low flying halos

Ricky, i think you've had the right advice in Middleman's post above, he should know.

I sympathise with the harsh post. To get ten points suggests dangerous driving or poor observational skills e.g. not seeing speed cameras. So you’d think that would be a wake up call. But to then do 94 in a 50 suggests a ‘who gives a damn attitude’. Words are cheap, anyone can say I’ve been foolish, but it does seem like the OP does not care. Incidentally his speedo would probably have read 100 mph I.e. very very fast. As to whether the driving was potentially lethal, we don’t know the details, but it certainly might have been. So to tell someone they have the right attitude just cos they say sorry, seems odd. Anyway, the OP appears to have got good advice.

1 series - Driving ban advice - Ricky1991
Hi, appreciate this advice I know I'm getting a ban it was weather or not to get the lawyer I was worried about
1 series - Driving ban advice - Middleman

There is one further aspect of your matter which I forgot to mention and which demonstrates that any solicitors taking your hard-earned on the basis that they can persuade the court to impose a short ban are taking you for a ride.

Let’s leave aside for the moment the fact that your speed was so excessive as to warrant more than the 56 day ban mentioned in the guidelines. Let’s say the court believed that 56 days would be sufficient. The guidelines say a ban of up to 56 days or six points. When faced with such a “points or ban” decision Magistrates have further guidance. It tells them that where the points will take the driver to twelve or more (and so he faces a “totting” ban) then points should be imposed. They should not impose a short ban to allow the driver to circumvent the totting up rules.

Solicitors know this (or at least they should or they should not be representing clients on traffic matters). Those of them who have told you they can persuade the court to impose a short ban are, in my view, giving bad advice and if you do engage them they are taking money under false pretences.

It is almost certainly not relevant in your case because I believe the court will be considering a ban of considerably longer than 56 days for your offence, but I mentioned it to help you decide whether or not to employ a solicitor. There’s not much to be said in court about your offence. Just a simple apology is all that’s needed and you don’t need to pay somebody £1k to do that for you.

Edited by Middleman on 17/04/2018 at 20:14

1 series - Driving ban advice - HGV ~ P Valentine

nearly twice the speed linit, you should be banned for life.

1 series - Driving ban advice - Avant

This is hardly helpful, especially two months after the last post.

And I still can't see why there is an apostrophe in 'yrs'.

1 series - Driving ban advice - FP

"I still can't see why there is an apostrophe in 'yrs'.

It's probably an example of the "greengrocer's apostrophe" - or should that be "greengrocers' apostrophe"? (Probably not.)

There's no point in worrying about the great unwashed.

1 series - Driving ban advice - Middleman

It's probably an example of the "greengrocer's apostrophe" - or should that be "greengrocers' apostrophe"? (Probably not.)

Of course it depends how many greengrocers there are! :-)

1 series - Driving ban advice - FP

"... it depends how many greengrocers there are!"

So is it "Fisherman's Friend" or "Fishermen's Friend"? Are we referencing the typical -and therefore singular - fisherman, or the many who labour on the seas?

The manufacturers of the above product clearly think it's the former.

1 series - Driving ban advice - KJP 123

It is because years is possessive; he has the experience of 30 years as a professional driver.

Having said that, as it is a plural number of years it should be years’ or yrs’.

1 series - Driving ban advice - Middleman

Wonder if the OP's case has been heard yet? :-)