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98mph in a 70 limit

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flip_flop | 08:35 Fri 18th Sep 2009 | Law
24 Answers
Mrs flop was caught by camera doing the above speed and has been advised the crime is too serious to be dealt with by way of a fixed penalty.

Would I be right in thinking she is facing at least 6 points?

I have been told the fine is based on earnings - as she is a housewife she has no earnings. Given this, will the fine therefore be based on my earnings?

If yes, how can this be sound law? This would be a punishing an innocent (I wasn't even in the car).
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Magistrates’ sentencing guidelines for speeds between 91 and 100mph suggest the imposition of 4 or 5 points, or a disqualification of up to 42 days.

She will be summonsed (which is the correct spelling). Mrs Flop is not compelled to attend the first hearing. She may enter a plea by post. If she does not do so she will be tried in her absence and will lose credit for a guilty plea. The magistrates will order her to attend a subsequent hearing if they are thinking of disqualification.

The guideline fine should be one week’s relevant income (less a third for a guilty plea). The “relevant income” in Mrs Flop’s circumstances will be determined taking account of the total household income. If she provides no details of her income, the court will assume an weekly income of £350.

Hope this helps.
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Thank you New Judge/Dan.
please get back and tell us the outcome. I predict 4 points and £150 fine. (if she goes to court that is)
Plus a £15 "Victim Surcharge" plus prosecution costs (about £60 for a guilty plea).

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