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85/90mph in a 50 zone (A1, NW London), inconsistent speed readings, 3 month gap, disability mitigation

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#1
Hi all, first time poster, hoping for some guidance ahead of a plea deadline.

Background: Charged via Single Justice Procedure for exceeding a 50mph local order limit on the A1 southbound in Barnet, doing roughly 80mph. Not disputing that I was over the limit, I accept that. I was stopped at the scene by the officer and cautioned at the time.

The issue: The officer’s statement records following me for 2 miles, with speeds of 85 constant/85 min/100 max. The charge sheet’s statement of facts gives 85mph via calibrated speedometer, but a separate part of the same document gives “reported speed: 90mph.” Two different figures in the same pack.

Most of that 2-mile stretch was in a 70mph limit, not the 50mph zone. I’d already slowed to around 80-85mph by the time I entered the 50mph restricted section. I want to raise this properly rather than accept the higher figure by default.

Timing: The incident was 1 May, and I only received the Single Justice Procedure pack in early August, about 3 months later. I know timing issues sometimes matter for camera-detected speeding. Since I was stopped and cautioned at the scene rather than caught by camera, I assume this doesn’t apply here, but wanted to check if there’s any relevance.

My questions:

1.   I’m planning to plead guilty to the offence itself but want to formally dispute the recorded speed within the 50mph zone specifically, since it affects the sentencing band. Is that something to flag in the plea form (section 4.2) and request a hearing for, or is there a better route, e.g. contacting the prosecutor beforehand?

2.   I have  visible walking disability, a progressive condition that significantly affects my mobility. Driving is essential to my independence. How much weight does this typically carry, and should I raise it now or only if disqualification becomes a live issue?

3.   Given the speed dispute and factual points above, would you recommend I get free legal advice before submitting my plea, or is this manageable to handle myself with forum guidance?

Grateful for any steers, first time dealing with anything like this.
#8
And do you accept that you were doing that speed?

If not, what speed do you accept you were doing?

The police recorded that speed so I accept that but I slowed down when it went from 70mph to 50mph.

So, to be clear, what speed do you believe you were doing in the 50 mph limit?

And what evidence could you provide to support that, apart from your assertion that "I slowed down"?
#9
The long and the short of it is this:

If you enter a guilty plea, but disagree with the facts of the allegation, you can enter your plea “on a basis”. In your case this would be “I was not doing (for example) 85mph but 75mph”.

The court must decide whether there would be a material difference in their sentence if they accept your version rather than the version put forward by the police.

If they believe it will not, they must proceed to sentence you based on your version.

If they believe it will, they must either accept your version or order a hearing (known as a “Newton Hearing”) to establish which version they will use for sentencing. The hearing is rather like a trial, but instead of it determining your guilt or innocence, it determines the facts.

You have not made it very clear what the speed within the 50mph limit you say you were doing. You said “roughly 80mph”. But it seems you do not dispute doing 80-85mph when you entered the 50mph stretch.

So I don’t really know what you are arguing about as far as the speed goes. The charge sheet says 85mph and you accept it was 80-85mph. I would suggest that whether the court accepts 85mph as alleged or your lower estimate of 80mph, it will make no material difference to sentencing.

So to answer your questions:

1.It may be worth contacting the police prosecutor to ensure that their statement alleging 85 mph is what will be used in court.

2.The guidelines for 85 in a 50 limit suggest either a ban of up to 56 days or six points. Strictly speaking you have no right to argue that a ban will cause you “exceptional hardship” (that is only available for “totting up” bans). But the court will consider your circumstances when making their decision.

3.If you are confident enough to speak in court, you should be able to handle this yourself. I don’t believe the speed discrepancy will be an issue. However, 85 in a 50 limit is in the range where the court will consider a ban appropriate, so you should be prepared for that.

Unless you ask for a court appearance, your case will initially be heard by a “Single Justice” (SJ) at a hearing which you cannot attend. However, if the SJ believes a ban should be considered, your case will be adjourned to a hearing which you can attend.

In view of your concerns over both the speed and the possible disqualification I would suggest you ask for a personal hearing anyway. You can then be sure that all the points about which you are concerned are considered. If a Newton Hearing is ordered, it will not take place on eh same day as your first hearing, but at a later date.
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#10
2.The guidelines for 85 in a 50 limit suggest either a ban of up to 56 days or six points. Strictly speaking you have no right to argue that a ban will cause you “exceptional hardship” (that is only available for “totting up” bans). But the court will consider your circumstances when making their decision.

The distinction is that when a driver tots up to 12 points,as a matter of law, the court has no discretion not to disqualify him for at least 6 months unless they find that such a ban would cause excessive hardship. For all other cases that involve obligatory endorsement, the court can use their usual discretion to determine whether or not it would be appropriate to disqualify the driver.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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#11

I was recorded at 85 in the 50mph.



The police recorded that speed so I accept that but I slowed down when it went from 70mph to 50mph.

Aren't you contradicting yourself?

On the one hand you say you were recorded at 85 in a 50 and you accept that, but then you say you slowed down when you entered the 50.

So were you doing 85 in the 50?
#12

I was recorded at 85 in the 50mph.



The police recorded that speed so I accept that but I slowed down when it went from 70mph to 50mph.

Aren't you contradicting yourself?

On the one hand you say you were recorded at 85 in a 50 and you accept that, but then you say you slowed down when you entered the 50.

So were you doing 85 in the 50?

The truth of it is, I don't recall as it was 3 months ago but i drive down that road often and there is a speed camera as the road goes from 70 to 50mph - i always slow down at this point for the camera, so it's unlikely i'd be doing 85 at that point but this is what the record shows.
#13
The long and the short of it is this:

If you enter a guilty plea, but disagree with the facts of the allegation, you can enter your plea “on a basis”. In your case this would be “I was not doing (for example) 85mph but 75mph”.

The court must decide whether there would be a material difference in their sentence if they accept your version rather than the version put forward by the police.

If they believe it will not, they must proceed to sentence you based on your version.

If they believe it will, they must either accept your version or order a hearing (known as a “Newton Hearing”) to establish which version they will use for sentencing. The hearing is rather like a trial, but instead of it determining your guilt or innocence, it determines the facts.

You have not made it very clear what the speed within the 50mph limit you say you were doing. You said “roughly 80mph”. But it seems you do not dispute doing 80-85mph when you entered the 50mph stretch.

So I don’t really know what you are arguing about as far as the speed goes. The charge sheet says 85mph and you accept it was 80-85mph. I would suggest that whether the court accepts 85mph as alleged or your lower estimate of 80mph, it will make no material difference to sentencing.

So to answer your questions:

1.It may be worth contacting the police prosecutor to ensure that their statement alleging 85 mph is what will be used in court.

2.The guidelines for 85 in a 50 limit suggest either a ban of up to 56 days or six points. Strictly speaking you have no right to argue that a ban will cause you “exceptional hardship” (that is only available for “totting up” bans). But the court will consider your circumstances when making their decision.

3.If you are confident enough to speak in court, you should be able to handle this yourself. I don’t believe the speed discrepancy will be an issue. However, 85 in a 50 limit is in the range where the court will consider a ban appropriate, so you should be prepared for that.

Unless you ask for a court appearance, your case will initially be heard by a “Single Justice” (SJ) at a hearing which you cannot attend. However, if the SJ believes a ban should be considered, your case will be adjourned to a hearing which you can attend.

In view of your concerns over both the speed and the possible disqualification I would suggest you ask for a personal hearing anyway. You can then be sure that all the points about which you are concerned are considered. If a Newton Hearing is ordered, it will not take place on eh same day as your first hearing, but at a later date.

Thank you, this is incredibly helpful, I will ask for a court hearing. The officer at the time said the offence wouldn't affect my DBS records, do you know if this will show on a enhanced DBS check as i hear conflicting responses as to whether it will.
#14
And do you accept that you were doing that speed?

If not, what speed do you accept you were doing?

It's really hard to say as it was 3 months ago - I accept in the 70mph I was doing upwards of 85 but I always slow down as it drops to 50mph as there is a speed camera (I know the road well), so where the police report says 'i followed the vehicle maintaining a steady even distance of approx 50 meters for 2 miles along the A1' it doesn't specify that majority of that road is 70mph. And it doesn't mention me slowing down. The police officer suspected i either slowed down for the camera or because I spotted them, but this isn't detailed in the report. I'm not sure if that makes a difference.
#15


I know that road quite well, the 50mph limit southbound comes into effect at the end of the A1M at South Mimms.  it was 70Mph but was reduced several months ago to 50 presumably to stop accidents occurring from people exiting Trotters Bottom/Galley Lane.  From the junction at the at Rowley Lane, Borehamwood it has been 50Mph for some years.

To be honest unless you could prove that you were doing under 76MPH (which is the upper limit before it goes to a SJPN) whether you were doing 80, 85 or 90 would make no difference.  To prove that, you'd haveto prove that the equipment used to record your speed was approx 20% out and I doubt if any court would believe that.

If it was me, I'd probably attend court, say you are sorry for committing the offene and accept the punishment.  Others of course may feel differently.