Suspended Sentence

Convicted Driver Insurance

drwinston

New Member
I am on 12 month sentence suspended for 2 years (of which I am one year into). I have now been caught speeding and have been told because of the seriousness of the offence I need to be dealt with in a Magistrates Court. I just thought I would get a fine and points on my licence. Does this mean I could go to prison?
 
What was the suspended sentence for, and what was your speed in what speed limit?
have yOu already got points on your licence, if so, how many in the last 3 years?
 
The suspended sentence was downloading of illegal images. I have a clean driving licence. I don't have any information about the speed as it was not stated on the paperwork but it was not motorway related and as far as I am aware I was not speeding excessively. Probably 40mph in a 30 zone. Sorry I can't be more specific.
 
Up to 42 in a 30 would normally attract the offer of a speed awareness course. If this is not offered, or indeed not available in your area (most forces offer it) then I would expect you to have a conditional offer of a fixed penalty fine.
if you shared the information of the speeding with your probation officer then he may have reported this as offending whilst on a suspended sentence, but speeding should not be counted as offending for that purpose. You may be offered a fixed penalty, but if you are taken to court I would put forward the case that you should be treated the same as if you had been given a ticket, ie be given a £100 fine and 3 points. The problem is that you are then hit wi.th £150 court costs, £85 prosecution costs and a £20 victim surcharge!
I cannot see any way that the suspended sentence will be activated for this.
How did the police fi,no out about your suspended sentence when they clocked you speeding? They are usually only interested in your driving history, not other convictions.
 
I was clocked speeding by a camera and received a Notice of Intended Prosecution/Combined S 172 Notice. I returned this confirming that I was the driver and today received a letter saying that I could not be dealt with using the Conditional Offer of a Fixed Penalty notice because of the seriousness of the offence. I'm assuming the police know about my suspended sentence because they entered my details into their database once I returned the form. This is why I am thinking I haven't received a fine and points.
 
I think it is more likely to be the speed you were doing. The norm is the offer of a course up to 42, then a fixed penalty up to 52-53 but above that you will be taken to court as you are so far over the limit.
what speed is alleged? The safety camera partnership would not see the PNC details of you (non motoring) convictions, just prior points on your licence.
 
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