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Excessive speeding recently through a 30mph zone – what can I expect to happen?

January 20, 2017 by in category News, Speeding with 0 and 0
Home > News > News > Excessive speeding recently through a 30mph zone – what can I expect to happen?
speeding in a 30 zone

There are many reasons why drivers may need to rush from A to B in the car. Most motorists will admit to perhaps marginally breaking the speed limit in certain circumstances. However, with 0-60 acceleration in 3.1 seconds and speed capabilities on high performance cars with features like “the insane mode!”  on the top level Tesla, it may come as no surprise that some motorists take their driving speed to the extreme.  So what happens to the motorist who is caught, for example, doing 90mph in a 30mph zone?

What do the guidelines say?

The Sentencing Guidelines suggest that if you were caught speeding between 51-60 on a 30mph road, the court should impose a ban of up to 56 days OR impose 6 penalty points. However, any speeds that register more than that on the speedometer have no guideline suggestions for the penalty that should be imposed.

The Magistrates who deal with the majority of speeding offences are volunteers as opposed to trained lawyers. The Justice system aims to achieve consistency in sentences imposed on motorists by the use of the Sentencing Guidelines. These Guidelines indicate different factors that either aggravate or mitigate the offence and the appropriate penalty to be imposed.

It should be noted that even where your speed may be considered excessive, it does not mean that you will receive more than a 56-day ban OR more than 6 penalty points. The Court will need to consider any factors that either increase or your culpability as discussed below.

Section 34 of the Road Traffic Offenders Act 1988

Any offence that could result in penalty points such as speeding or careless driving enables the court  to instead impose a discretionary disqualification. The Court’s power to disqualify is very wide as they can impose any length of ban as they deem appropriate (and proportional to the offence). This decision would take into account any aggravating or mitigating factors.

Some of these aggravating factors are:

(a)   Poor road or weather conditions
(b)   LGV, PSV, HGV
(c)    Towing trailers or caravans
(d)   Carrying passengers or heavy loads
(e)   Drive for hire or reward
(f)     Location e.g. nearer a school
(g)    Other evidence of unacceptable standards of driving over the above the speed limit

In addition to the above, they will also consider your personal circumstances. This would of course include what a discretionary ban would mean for you and others around you.

Here are some examples where an appeal against a discretionary ban were successful:

(a)   Mr G: Caught doing over 100mph on an open road (Winchester)

Mr. G faced a potential ban and a fine. Geoffrey Miller Solicitors managed to convince the Court that a ban was disproportionate and he avoided a ban and could continue driving. This was because it was held that due to him requiring his vehicle to do every day work duties, a ban would significantly affect his livelihood.

Motorist B: Caught doing 70mph in a 30mph zone (Manchester)

Geoffrey Miller Solicitors avoided his ban altogether. This was absolutely crucial as his job depended on his licence.

Geoffrey Miller Solicitors have extensive experience in presenting compelling and tailored mitigation in speeding cases. Strong mitigation presentations tend to have a positive effect on the court’s decision to impose a disqualification at all.

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