Driving and speeding

[quartz]

I was stopped by the police for driving at 59mph in a 30 zone, it was around 10.15pm. My reading at the police station was 63. Is this excessive speed a large aggravating factor for the courts? Can I expect my ban to be at the higher end of the 17-22 months or as I was just into the next band at the lower end? Also, should I choose not to seek legal representation, am I entitled to view the police officer's report before I go to court (as I think a solicitor would be?) in order to prepare myself?

 

[SeanJoyceStephensons]

Thanks for your post.

Have you also been charged with an offence of speeding, or have you just been charged with driving with excess alcohol?

59mph in a 30mph zone would be a serious speeding offence in its own right. If evidence is presented in Court as to the alleged speed then that will be capable of amounting to an aggravating feature.

It is a matter for the Court on the day to decide whether to increase the length of the disqualification due to the high speed. It will also depend on the extent to which that aggravating feature can be offset by effective mitigation.

Yes, you should be entitled to view the evidence against you before your case is heard. However this will normally be produced at Court on the day of the hearing. Some Courts do receive the papers in advance of the hearing so it would be worth contacting the Court to see if they can be made available for you to collect.


Kind regards,


Carl Johnson
Solicitor
On behalf of Sean Joyce

 

[quartz]

Thank you for your informative response. In answer to your question, the charge sheet (if that is the correct term) merely states the excessive alcohol and does not mention any of the other circumstances. I got the impression from the police that as the DD charge is the more serious offence, the speeding was almost irrelevant. However, when the prosecution's case is heard I would imagine that the police report would include the reason why they stopped me in the first place?

 

[SeanJoyceStephensons]

Yes it is normally the case that the Police will concentrate on the more serious offence, in this case driving with excess alcohol.

You are right in that you would expect the Prosecution evidence to contain references to the alleged speed. That said, it can be possible to avoid this being referred to by the Prosecution.


Kind regards,


Carl Johnson
Solicitor
On behalf of Sean Joyce