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Driver receives discretionary ban and is caught again for more than 100mph in a 70mph limit: what penalty can I expect?
I am currently serving a discretionary 3 month ban for speeding. In the period between receiving the summons for this offence and the date of the hearing (some 3 months later) I was caught again (over 100mph on a 70mph motorway) and have received another summons. Obviously I do not have a license to surrender at the new hearing. My question is should I expect to receive a similar discretionary ban at this hearing to run concurrently, or is there a minimum ban that will be applied? I have 3 points from just over 3 years ago (although within 3 years of the two offences this year) but no points from the recent offence.
If you did not get points the first time (and this seems extremely surprising) then you are at severe risk of another discretionary ban. Provided you didn't get points last time you are not at risk of a ban under the totting up procedure but the additional discretionary ban is likely to be anything up to 56 days and the extent will depend on how much over 100 mph that he was travelling (which you don't say).
Although in theory the magistrates will tend not to exceed the 56 days limit, they can impose a discretionary ban for as long as they want to. The 56 days only comes from the magistrates association guidelines, which are guidelines and not tramlines.
Most importantly there is no minimum period for a second discretionary ban, unlike drink driving etc where you get a mandatory ban of 12 month first time round, then at least three years if you do it again with ten years.
My guess is they will be minded to to be tough and you need to be prepared for this.
In the first instance I would suggest you should agree to a detailed exploratory interview with our senior motoring offence defence solicitor Emma Patterson to see what help she can provide in preparing a persuasive defence.
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