We receive many enquiries from drivers who are detected speeding in excess of 100mph and who are understandably concerned that they will immediately be disqualified from driving for a significant period of time.
Whilst disqualification is a risk to any driver caught driving in excess of 100mph, it is not inevitable and it is a misconception that such speeds automatically attract disqualification.
The magistrates sentencing guidelines for driving in excess of 101 mph on a motorway or dual carriageway, provide guidance to magistrates that they should consider a period of disqualification from driving for a period of 7 – 56 days (in addition to the imposition of a fine, costs and victim impact surcharge) or to endorse with 6 penalty points.
As to how the magistrates sentence will depend not only on the speed, but also upon the surrounding factors such as the road and weather conditions, the location of the offence and generally driving conduct. The mitigation presented in these cases is also critical, as the magistrates will need to understand how the offence happened and most importantly, what the consequences of disqualification would have on the driver and those around him, which may include his or her employer, employees and dependant family members.
Provided that there are no circumstances which make the offence more serious, such as poor road and weather conditions, there is always a good chance of avoiding disqualfication in cases of speeding in excess of 100mph and to persuade the magistrates to endorse with 6 penalty points in the alternative.
By way of example, we have recently represented a motorist driving at 110mph on a motorway and persuaded the court to endorse with 6 points, have previously persuaded a court to impose 6 points on a company director driving at 109mph on a dual carriageway and can cite numerous cases where we have represented clients driving at between 100 and 107mph, where we have persuaded the court not to disqualify.
If you find yourself in this position and cannot afford to lose your license, please contact us for a free no obligation consultation and we will provide an honest assessment of your case and your prospects of avoiding disqualification.
Neil Davies, Principal Solicitor