Speeding over 100 miles per hour and German vehicles

21st June 2017 Driving Offences

Over the years you will be surprised to hear that the majority of the cases I deal with are predominantly German vehicles. One would assume that the majority of speeding offences are from high-powered supercars, but this is far from the reality according to the North Somerset Times.

A recent Freedom of Information (FOI) request concluded that almost 597 drivers faced prosecution after travelling in excess of 100 miles per hour. These speeds occurred on the motorways in Avon and Somerset as well as the A-Roads between April 2016 and March 2017.

There has been a significant increase in offences over the last 12 months and it was confirmed in the Northern Somerset Times this accounts for a 182% increase.

It concluded '[german car] drivers were overwhelmingly the worst culprits at the top end of the scale'. What was interesting, having considered these statistics, was that 50 out of 61 drivers recorded in excess of 130 miles per hours were driving German vehicles.

Will I be disqualified if I am travelling over 100 miles per hour?

How often have you heard when chatting to your friends, colleagues, customers etc, that if you are travelling over 100 miles per hour it is a definite ban. Well you will be surprised to here that this is not always the case.

The sentencing guidelines below, with regard to speeding offences lay out different boxes dependent on which speed you travel. You will see highlighted below in the 70 miles per hour box, that 101 and above can attract a disqualification of 7-56 days OR 6 points. Whether you are disqualified will depend on circumstances surrounding the offence i.e. weather conditions, passengers and/or high volume of traffic. If you have passengers, it's raining and there are lots of vehicles around, then you're more likely than not to be disqualified. However, this is not inevitable, as each case will be dealt with on its own merits; therefore if you need your licence for your job then you may avoid disqualification. Recently I had a case where the client was travelling in excess of 105 miles per hour over 17 miles but avoided disqualification and had points as the alternative.

Speed limit (mph)

Recorded speed (mph)

70

101 and above

91 100

71 90

Sentencing range

Band C fine

Band B fine

Band A fine

Points/disqualification

Disqualify 7 56 days OR 6 points

Disqualify 7 28
days OR 4 6 points

3 points

How much will I be fined for speeding over 100 miles per hour?

In addition to points/disqualification there has been huge coverage over the last few months relating to speeding offences. Some will be aware that as of 24th April 2017, new guidelines came into force relating to speeding offences. The main change for these guidelines related to the financial penalty if the case proceeded to Court. This changed from 100% to 150% of your net weekly income for speeds in excess of 101 miles per hour. However, this doesn't mean that you will be fined thousands of pounds if you earn thousands a week. You will still be subject to the maximums of £1,000 and £2,500 on motorways and also given credit of 1/3 if you plead guilty at the first available opportunity.

What should I do if I am caught speeding over 100 miles per hour?

Firstly don't panic; it's not inevitable that you will lose your licence and livelihood. If you are stopped, the Police Officer is likely to warn you of a prosecution at the roadside in accordance with Section 1 Road Traffic Offenders Act 1988. However, if you are not stopped then you will receive a Notice of Intended Prosecution (NIP) to identify the driver of the vehicle. Due to the excessive speed, the case is likely to proceed before the Court under a Court Summons, Postal Requisition or Single Justice Procedure Notice (SJPN). Once the case proceeds to Court, it is worthwhile seeking legal advice, as each case is different. If you are at a high risk of disqualification and your licence is critical to you, it's a must to seek legal advice, especially, if the North Somerset Times article is correct and you're in a German vehicle!

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Hojol Uddin is a Partner and Head of Motoring Department located in Manchesterin our Driving Offences department

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