NIP - 76 in a 50 motorway zone - short term disqualification

[BazzaS]

I am amazed a professional who is concerned there is so much at stake hasn’t done basic research (& nor, it appears, have the legal professionals you have approached).

Surely their obligation to their client is to find out what their client’s main objective(s) is / are?, and the impact with the GMC appears to be your primary concern.

 

If in the BMA (as your Trades Union) : have you asked them?

Your defence body (MDU / MPS) if you have one

Have you informally approached the GMC?

 

Furthermore, the most cursory of searches provides:

https://www.gmc-uk.org/-/media/documents/DC4594_CE_Decision_Guidance___Annex_D___Convictions_Guidance.pdf_58067974.pdf

Motoring offences which result in a charge or summons to appear before a criminal court require disclosure to the GMC. We do not investigate speeding offences unless there are specific aggravating features which raise a question about the doctor’s fitness to practise.

 

I’m just gobsmacked neither you nor they have looked for and found this, and separately that they might aim for a ban rather than points!

 

The ‘advantage’ of a ban : “over & done with” rather than the future prospect of a ban by “totting-up”.

Yet, you’ve had points before and seen them lapse by not getting further points before they expired.

 

You MIGHT get a ban. A ban is possible even at 66-75 in a 50, and 76 is just into the next band for sentencing.

(Check the Magistrates Court Sentencing Guidelines online)

 

My advice?. Get a solicitor (local to the court, who knows the bench and the best approach to take!).Plead guilty, attending court, with the solicitor making a plea in mitigation.

Hope for points and a band C fine, then avoid getting more points.

Let the GMC know as soon as you are summonsed and let them know you are going to plead guilty (and when you do so, the outcome). If there are no complicating factors, if you keep the GMC informed: that is where their interest will end.

 

An alternative will be to let one of the “legal loophole” expert firms look at it and see if they can get you off on a technicality.

Advantages : no points, no risk of ban, no effect in your insurance, and definitely no GMC involvement.

Disadvantages: Cost, relies on there being a looophole to find (else all the advantages vanish!), if it means them attending court you may lose credit for a guilty plea and the “local knowledge” factor.

[BazzaS]

 

I called the GMC for advice. They refused to give any advice without me identifying.

.........

 

MDU- I am a member but they deal with clinical governance issues and patient care and clinical incidences/negligence's but I will ask

 

Re: GMC

Why anonymously?

Nothing to stop you saying “I MAY be prosecuted....(& am considering if I should plead ‘not guilty’)”, so why the concern of identifying yourself. If it proceeds to court you’ll have to identify yourself at the summons stage anyway, as per the GMC guidance.

 

Re: MDU. As it isn’t an issue within your indemnified clinical practice I agree it is unlikely they’ll provide you with legal representation. However I suspect you won’t be the first MDU member to be prosecuted for speeding (nor likely the last ..), so my expectation is that:

a) they won’t provide a lawyer for you, but

b) they will be able to advise you re: the GMC, its processes, and what your expectations should be.

[BazzaS]

6 months from the offence to lodge the papers with the court.

 

Once lodged, the “clock is stopped” and there will be no effect of any delay that occurs until the court issued the summons.

If the court is very busy and doesn’t have an available date, only issuing the summons much later, it doesn’t affect the “6 months” limit.

[BazzaS]

“The slow lane” is telling as to your attitude to driving.

You mean the “lane for normal driving”?

[BazzaS]

What, you mean watching for speed limit signs, and indicators of presumed 30 limit (such as built-up area with street lights), like every driver should be doing if they want to avoid risk of a speeding ticket?

Perish the thought!