Free Traffic Legal Advice

Hi all,

I have recently received my first speeding ticket in my 15 something years of driving. Unfortunately it was a big one and I can't for the life of me understand how I was so stupid. I'm not contesting the fact that I was speeding, but I do feel foolish and ashamed of it. I am accepting of my guilt but I would like to ask some advice on the 'Notice of Intended Prosecution' before I respond.

The offence was a 89mph in a 50, I was under the impression that it was a 60/National but it doesn't nagate the fact I was still way over the limit.

The two options are:
1 - I was the driver and wish to be considered for the Fixed Penalty Notice procedure (£100 + 3pts)
2 - I was the driver and would like the matter to be dealt with by way of court hearing.

Google research tells me that the particulars of my offence carry a much bigger penalty than those suggested in option 1.

Given the offence, I would be keen to accept a punishment of 3pts + fine over anything more sinister, but I am worried about the ambiguity of that option, particularly the "I wish to be considered..."

If I was to take that option and the FPN came back at something vastly different, would I still be able to appeal or would I have thrown that right away?

I would rather not have to go down the lawyer route if I can avoid it. Any advice for this novice speeder would be appreciated.

Again, I am accepting responsibility and am not trying to skirt the law... I just want to know where I stand.

Many thanks

With option 1, your wishes will be "considered". When they stop laughing, they'll refer you to court. Sorry.

Courts passing sentence don’t generally give the offender options, no (except whether they accept community service over prison - not a matter for you).

Tick option 1.

As above, a FP is out of the question and you will be prosecuted. The next you will hear will be a "Single Justice Procedure Notice." The police have six months (from the date of the offence) to issue this and in many areas they take all of that time.

The notice will give you three options:

1. Plead guilty and do not attend court
2. Plead guilty and attend court.
3. Plead not guilty.

Tick option 1.

This means your case will first be heard by a "Single Justice" (a magistrate sitting in an office with a Legal Advisor dealing with cases "on papers" only). The SJ will almost certainly decide a ban should be considered and your case will be adjourned to a hearing in the normal magistrates' court, which you will be asked to attend.

When you get there you will have a chance to persuade the court to impose six points rather than a ban (though, as above, the choice is ultimately not yours). The point of opting for option 1 is to give you two bites of the cherry. The SJ may decide six points is appropriate and if so you will be informed of that decision by post and will not have to attend court. I think this is unlikely, though there is a reasonable chance of six points being handed down by the normal court, especially bearing in mind you have a clean record.

You will also pay a fine of a week's net income, a surcharge of 40% of that fine and prosecution costs of around £90.