43 replies to this topic

[Ryang556]

My brother ended up doing an average of 76 in a 50 (the roadworks 50) this is when they first started on the M5 and there was only a few cones here and there and all 3 lanes were open, however we didn't manage to see the 50 signs (poorly or not lit) until we got to the end of it.

He got another letter through today saying he needs to attend court 3 hours away or plead guilty. What are the penalties you'd expect if he just pleaded guilty? Cheers

[reffle]

Damn, if he averaged 75 he'd just get points. Because he drove 26mph above the speed limit, he got the court summons and the recommended penalty is 6 points and a large (up to £2500) fine.

[Ryang556]

Damn, if he averaged 75 he'd just get points. Because he drove 26mph above the speed limit, he got the court summons and the recommended penalty is 6 points and a large (up to £2500) fine.

But because he's a student and doesn't have a job I hear the fine isn't as expensive? I feel the whole motorway roadworks 50 when the signs weren't even lit or viewable is bullsh*t, he wouldn't speed for no reason

So if he just left it as it is it would be 6 points and a fine?

[puggered]

My wife got done doing 70 in a 50 MPH speed limit and got 5 points and £160 fine.

[Ryang556]

My wife got done doing 70 in a 50 MPH speed limit and got 5 points and £160 fine.

Was that on motorway roadworks or just a normal road? And did she go to court or I guess they just told her that is what she was having?

[minibarnerz]

3pts plus £60 fine minimum...For a Fixed Penalty. For a case referred to Court, the maximum is £1,000, except for motorway offences, where the maximum is £2,500.

[Ryang556]

3pts plus £60 fine minimum...For a Fixed Penalty. For a case referred to Court, the maximum is £1,000, except for motorway offences, where the maximum is £2,500.

So what we are saying is court is pointless and his licence is gone

[MrBounce]

If he just pleads guilty and doesn't go to court, he will need to make his financial situation very clear. His best bet is to phone the court and speak to them before his case. They should be able to sort him a means form which must be submitted before the case I believe. They will then fine him accordingly and will take into consideration his circumstances, maybe asking him to pay a few pounds a week.

But he MUST contact the court first.

[Ryang556]

If he just pleads guilty and doesn't go to court, he will need to make his financial situation very clear. His best bet is to phone the court and speak to them before his case. They should be able to sort him a means form which must be submitted before the case I believe. They will then fine him accordingly and will take into consideration his circumstances, maybe asking him to pay a few pounds a week.

But he MUST contact the court first.

Would he have a better chance of going to court though and getting a lighter fine / points settlement?

[MrBounce]

Possibly. If he can get to the court then I would certainly advise it. It is better to put your case across in person than by post. By post tells them that you don't really care that much and can't be bothered to go...

Edited by MrBounce, 31 March 2012 - 01:30 PM.

[Ryang556]

Possibly. If he can get the court then I would certainly advise it. It is better to put your case across in person than by post. By post tells them that you don't really care that much and can't be bothered to go...

Yeah that's exactly what I thought, makes it look like you think ahh can't be bothered forget about it, probably better just to go, explain about the unlit signs etc and hope for the best I suppose.

[reffle]

Here is a table that explains the fines associated with speeding. How long has your brother had his license? If he's only had it for less than 2 years he could be looking at possible disqualification if they decide on 6 points.

I'm not a lawyer so I can't recommend wether to go to court or not but if he does go you could try and argue you case as not intentional law breaking.

[MrBounce]

Be wary of trying to challenge the court on signage. Unless you have specific evidence you will be unlikely to win. Also did they have "Roundels" showing? These are reflective and therefore wouldn't be lit anyway.

I don't know your brother, but I actually work in speed enforcement (but not Motorways) and 99% of the time the signs are usually in place and perfectly visible and the driver in question just wasn't paying enough attention. I find it hard to believe that there were average speed cameras in use and he didn't notice ANY signage.

[Ryang556]

Here is a table that explains the fines associated with speeding. How long has your brother had his license? If he's only had it for less than 2 years he could be looking at possible disqualification if they decide on 6 points.

I'm not a lawyer so I can't recommend wether to go to court or not but if he does go you could try and argue you case as not intentional law breaking.

Ahh I see what you mean, if it was 75 would have been a lot easier, but as I've said none of the signs were lit and all 3 lanes were open with a few cones

[Ryang556]

Be wary of trying to challenge the court on signage. Unless you have specific evidence you will be unlikely to win. Also did they have "Roundels" showing? These are reflective and therefore wouldn't be lit anyway.

I don't know your brother, but I actually work in speed enforcement (but not Motorways) and 99% of the time the signs are usually in place and perfectly visible and the driver in question just wasn't paying enough attention. I find it hard to believe that there were average speed cameras in use and he didn't notice ANY signage.

I know the way it works if you're into this sort of thing, but there was 3 of us in the car, open motorway, all 3 lanes open and not one of us noticed a sign, he wouldn't intentionality lose his licence for no reason now would he?