speeding offence 68 miles in a 40 zone

[LEEDSMODUS]

On 22nd of november i was driving to castle hill hospital in cottingham near beverley

 

 

on the dual carriageway i got caught by a plain police car with a hand held device,

he followed me into the hospital car park and issued me with a piece of paper

saying i would be referred to court for the offence of driving 68mph in a 40 zone.

 

 

The road was a dual carriage way.

 

 

I apologised as i was in a rush my mum was dying as a result of a 3rd major heart attack .

 

I got a letter from humberside police in december to say id hear from with a court date but havent heard anything yet.

 

Do i ring the court and remind them or keep quiet.

 

i am scraed i will get arrested if i do not get the court summons and not turn up.

 

also on 24th feb this year im having knee reconstruciton surgery ,

im also heavily disabled on crutches and have a muscular condition,

 

 

im scared i will get a court date near my operation date and what happens if i am too ill to get to court

which will be in as town 80 miles away from were i live.

my license is currently clean,

am i looking at 4-6 points?

 

apologies for my bad spelling,

 

 

like i said i am disabled and have problematic hands.

 

 

i have a muscular condition called cmt

[GrumpyToSayTheLeast]

Personally, for 68 in a forty, it should be a ban. 4 to 6 points just seems pathetic for someone doing almost double the speed limit.

 

I believe they have up to six months to send the notice to keeper which you have since had,

and I don't believe there is a time limit on the court sending a date.

 

I assume the dvla is aware of your cmt?

 

Trying the

"I'm in a rush for my family in hosp"

never works as why should you be allowed to put others lives at risk

so that you can get somewhere faster?

Regardless of what type of road it was, 40 is 40.

 

Have you been back to check the signage on the road as it may not be appropriately sign posted

but I would not get your hopes too high.

Regarding court, do you already have any fines or points?

[LEEDSMODUS]

no my license is clear.

i rely on my car for my disability

[LEEDSMODUS]

the road was a dual carriGEWAY AND wasnt in a built up area i honestly thought it was a 60 zone. what ban could i be looking at

[honeybee13]

Hi. Here's a link to the sentencing guidelines which might give you some insight.

 

https://www.sentencingcouncil.org.uk/offences/item/speeding/

 

HB

[LEEDSMODUS]

i need to ask not to have a ban

[dx100uk]

although several years ago (2006)

 

 

a neighbour got caught doing 69 in a 40

dual carrigway etc etc no central divide/wall

 

they checked the hospital to make sure it was legit.

 

he eventually got a letter 3 mths later to appear in court

 

he wrote to the court outlining his similar disability position to your

and explaining the circumstances could not attend

 

he didn't goto court but got 3 points.

 

 

HTH

 

 

dx

[CPC2015]

Hi,

In the first instance

 

 

I would write to Humberside Police and ask for the officer using the equipments up to date certification of competency and training for use.

 

 

I am assuming you were cautioned and interviewed at the roadside and signed either the officers notebook or record of interview admitting the offence?

 

When you receive the court papers you will have the opportunity to offer mitigating circumstances to the offence, you will need to think very carefully regarding how you respond to this.

 

 

It wouldn't hurt to speed to the speed enforcement team at Humberside to request this information and an update,

the police have to date met their obligation by advising of the intended prosecution.

 

 

I personally wouldn't sit back and wait for a ban,

you will undoubtly understand and accept in hindsight that what you did was wrong,

 

 

however if your mother was ill and your mind elsewhere it's not unreasonable to believe the national speed limit applies on a dual carriageway.

 

 

Hope this helps. Kind Regards

Chris

 

Apologies I was supposed to write speak to the speed enforcement team... Not speed, done enough of that.

[LEEDSMODUS]

thank you for this. am i right a 6 points would be a good outcome

[CPC2015]

It ultimately all depends on what defence you offer and the circumstances and evidence that the officer has to put forward. I wouldn't resign myself to points, but if it puts your mind at ease I have known people to be caught doing greater speeds than you and retain their entitlement to drive. It's all about how you prepare your defence.

[Hammy1962]

Personally, for 68 in a forty, it should be a ban. 4 to 6 points just seems pathetic for someone doing almost double the speed limit.

 

I believe they have up to six months to send the notice to keeper which you have since had,

and I don't believe there is a time limit on the court sending a date.

 

I assume the dvla is aware of your cmt?

 

Trying the

"I'm in a rush for my family in hosp"

never works as why should you be allowed to put others lives at risk

so that you can get somewhere faster?

Regardless of what type of road it was, 40 is 40.

 

Have you been back to check the signage on the road as it may not be appropriately sign posted

but I would not get your hopes too high.

Regarding court, do you already have any fines or points?

 

'with al the compassion of someone who has never rushed to a hospital bedside to say goodbye before a loved one dies.

 

H

[Sidewinder]

Not knowing the speed limit is not a defence, and neither is a medical emergency. As previously advised there might be grounds to challenge the legality of the ticket, however in my opinion, this is best coming from a lawyer. Likewise over-stressing physical impairments might make things sound doubly bad as it could be argued that the impairment might delay response times should you have needed to brake suddenly.

 

What would almost certainly go in your favour would be a previously clean licence and the expression of remorse to the Court. Would you be in a position to seek an independent driving assessment? If you were to write to the court, as you will have the opportunity to do, saying that you are ashamed to find yourself in such a position, that you value your licence and have already taken steps to make sure that this does not happen again. You could then explain the mitigating circumstances and how a ban would have serious consequences on your mobility etc and the Court may well be far more likely to look more kindly on your situation.

[GrumpyToSayTheLeast]

'with al the compassion of someone who has never rushed to a hospital bedside to say goodbye before a loved one dies.

 

H

 

No, its said with all the compassion of someone who has had a friend killed by a speeding driver because they had somewhere important to be. Never an excuse to speed. Speed limits are not there because you are inexperienced, they are there because the road type or layout is unsuitable for speeds in excess of the posted limit.

[Guest]

as it was over 66, it was (auto) referred to court.

if a 'technical' defence is not available/successful, then can put things you mention in mitigation either at court if you attend, or by letter otherwise. if you admit, then can send a letter in mitigation with, without the need to attend. though, is usually best to attend things if can, just in case.

imo, from what you have said, with a clean record etc, a ban seems wld be unlikely.

if in doubt, seek criminal (motoring) sol advice/representation.

[king12345]

No, its said with all the compassion of someone who has had a friend killed by a speeding driver because they had somewhere important to be. Never an excuse to speed. Speed limits are not there because you are inexperienced, they are there because the road type or layout is unsuitable for speeds in excess of the posted limit.

 

Don't want to start the usual argument about speed limits, but what you say is not correct.

I can name at least 10 roads around my area where the speed limit is dangerously low.

Dual carriageways with central barrier, three lanes, new tarmac and in rural area without side access with a 40mph limit is absolutely ridiculous and very dangerous

[GrumpyToSayTheLeast]

Don't want to start the usual argument about speed limits, but what you say is not correct.

I can name at least 10 roads around my area where the speed limit is dangerously low.

Dual carriageways with central barrier, three lanes, new tarmac and in rural area without side access with a 40mph limit is absolutely ridiculous and very dangerous

 

Maybe its a particular type of surface to stop subsidence. Maybe to help with flooding. Maybe its been designed more with road support than with speed in mind. Maybe the particular stretch isn't made for speed at all but made for easing congestion. Maybe high level of accidents there. Maybe 100 different reasons. Are you n the planning committee? Are you an engineer dealing with that stretch of road? Are you part of the emergency service and know the history of the road? No, thought not. Just because a road looks, to you, like it should be a fast road doesn't mean I can be a fast road. Its only dangerously when inexperienced drivers believe the posted speed is wrong and they are safe to drive faster than the other drivers.

[king12345]

Maybe its a particular type of surface to stop subsidence. Maybe to help with flooding. Maybe its been designed more with road support than with speed in mind. Maybe the particular stretch isn't made for speed at all but made for easing congestion. Maybe high level of accidents there. Maybe 100 different reasons. Are you n the planning committee? Are you an engineer dealing with that stretch of road? Are you part of the emergency service and know the history of the road? No, thought not. Just because a road looks, to you, like it should be a fast road doesn't mean I can be a fast road. Its only dangerously when inexperienced drivers believe the posted speed is wrong and they are safe to drive faster than the other drivers.

 

Ignore my post.

As I said I don't want to start the usual argument.

All motorists know how wrong these 1960 speed limits are.

Only cyclists and pedestrians think they're ok

[Hammy1962]

No, its said with all the compassion of someone who has had a friend killed by a speeding driver because they had somewhere important to be. Never an excuse to speed. Speed limits are not there because you are inexperienced, they are there because the road type or layout is unsuitable for speeds in excess of the posted limit.

 

What we don't know, and what is really difficult to convey on a forum is context. It's sad about your friend but there are degree's to the 'important'ness' of many situations. Neither of us know how we would react if a loved one was dying in hospital. Maybe you could hold it to 40 in the circumstances on the same road but I'm not sure I could. Whilst I'm not a serial speeder, if I had to go and say 'goodbye', then I will openly admit I'd be going as fast, if not faster, than the op on this stretch of road. The fact that he was caught is a risk of speeding. The perception of risk is complex, getting to work on time is important, but not worth the risk of 68 in 40.

 

Getting there before someone dies would, in my opinion, be worth it. Magistrates may appear heartless but you never know.

 

Use it in mitigation, it would not do any harm and might help.

 

H