Yorkieguy
Established Member
Your friend's knowledge of motoring law is only that if you exceed the speed limit, you commit and offence. Beyond that his other remarks make no sense at all, for the following reasons:
In a 40MPH limit, if you do 41-55MPH, a police officer will usually give you an 'FPN' (fixed penalty notice, +100 fine), and you'll get 3 points on your licence. But if you already have nine points, you'll tot up to 12 points and will be off to court for possible/probable disqualification and a fine based on 50% of your weekly income.
If you do 56-65 in a 40 limit you'll be going to court, where you'll either be banned from driving for 7 - 28 days, or get 4-6 points plus a fine equal to 100% of your weekly income.
If you do over 66MPH in a 40 limit it will either be a ban for 7 - 56 days or 6 points, plus a fine equal to 150% of your weekly income.
The above information is based on the Sentencing Guidelines used by the Magistrates' and Crown Courts. (They're 'guidelines' not 'tramlines', and magistrates take into account individual cases base on the merits of the case).
If you exceed the national speed limit of 70MPH in a 40 limit or less, you risk being charged with dangerous driving as well as speeding. Over 100 MPH even in a 70 limit, and the sky falls in.
Don't take my word for it - you can check it for yourself here:
Speeding (Revised 2017) – Sentencing
Setting fines on income levels is based on the concept of what might be termed 'equal misery'. Fair treatment of individuals, which takes account of the disparity of incomes. £100 to some people might be a day's wage, more for those on welfare benefit, but to others, just petty cash.
Drivers/riders who passed their test less than 2 years before the offence and who get six points, are banned and have to retake the driving test to get their licence back.
The police don't 'prosecute' by the way - they report suspected offenders for prosecution - it's the Crown Prosecution Service who prosecute. If someone pleads not guilty, a police officer may be called by the CPS as a witness for the prosecution, and it's for the CPS (not the police) to prove the case beyond reasonable doubt. Any doubt goes in favour of the accused person.
In a trial (for any offence), only when the case has been proved are the magistrates allowed to know of any previous convictions, and when they consider the sentence, they will weigh up the mitigating and aggravating factors of both the offender and the offence. The aim is for courts to be consistent, whether your in Luton or Liverpool, Norwich or Nottingham, or wherever, that when everything is taken into account, the outcome will be broadly similar.
As to short bans, when I served as a magistrate I had mixed feeling about imposing them. To not impose a ban might be seen as a 'let off', but here's a rhetorical question: Put yourself in the place of a magistrate: If someone has six points already for two previous speeding offences, would you ban them for say 28 days, in which case they get a clean licence back, or would you stick 6 points on, and ban them for six months, (and they get a clean licence back). Or would you stick 4 points on, meaning they have ten points on their licence, hanging over their head like a sword or Damocles for three years, which might help them get their mind right, because if they commit another offence, that's 3 point making 13 in all and a 6 month's ban?).
What you really want is for offenders not to come to the attention of the court again, and though they're the architect of their own misfortune, many need to drive for work reasons, and imposing a ban, may in effect, be putting them out of work, imposing hardship on other family members. That alone ought to be deterrent enough, but to some 'toddler brained' delinquent adults, too often it isn't.
The cynic in me says that to improve road safety, maybe the should make cars more flimsy, with no crumple zones, no air bags, no seat belts, and instead, just have a 6" spike in the centre of the steering wheel. Not a very 'magisterial' thing to say, but then I'm not a magistrate any more - just a husband, father, grandfather, pedestrian, motorist, too young to die - too old to have an accident.
Anyone who drives for mile after mile on a motorway past average speed cameras, gets caught and moans to his mates about it should be laughed of the face of the planet, and really, ought to to be allowed out without a carer.
Quite enough from me I think.
David.
