If you have recently received a Notice of Intended Prosecution (NIP), a Notice of Proposed Driving Disqualification or a Court Hearing for speeding over 100mph understandably you will be concerned and will want to know ‘How long is the ban for driving over 100mph?’ The answer to this question will depend upon several factors.
Sentencing Guidelines for Speeding over 100mph
If you have been caught speeding over 100mph, in most circumstances this arises on a motorway where the speed limit will be 70mph. In these types of cases, the Court has the power to impose a driving ban of 7 to 56 days or 6 penalty points. In practice, if the Court decides to impose a short driving disqualification for the offence, it will usually be between the 21 to 56-day range.
Penalty Points Driving Ban – ‘Totting-Up Ban’
If you already have 6 or more active penalty points on your driving licence, for speeding over 100mph you will almost certainly face a penalty points (Totting -Up) driving ban of at least 6 months as the Court is likely to impose 6 points rather than a short ban of up to 56 days.
If a motorist accumulates 12 or more penalty points within a 3-year period, the Court must disqualify the driver for at least 6 months. Therefore, it is crucial to fully appreciate that speeding over 100mph won’t always result in a ban of up to 56 days as such, it is important to check the number of active points you have on your licence.
If you find yourself in a situation where you have 6 or more points at the time of the offence (the date you were caught speeding) the Court is likely to impose a further 6 points, which will result in a total of 12 or more, thus activating the ban of at least 6 months.
Whilst the Court can impose a short driving ban of up to 56 days for driving over 100mph instead of 6 points, this is unlikely if you already have 6 or more points on your licence.
Points at the Date of the Offence
When calculating whether you are at risk of receiving a Totting Up Driving Disqualification (Penalty Points Ban) it is important to check how many active points you had on your licence at the date when the offence was committed.
Some of our clients initially do not fully understand this concept and form the view that they are not at risk of a 6 month ban because they now either have a clean licence or have less than 6 points. Our lawyers have represented many clients that may enter the Court Hearing with a clean driving licence (because the previous points have dropped off their licence) however, the Court will still seek to impose a 6 month driving ban, because at the time of the offence, they had 6 or more active points on their driving licence.
A totting-up driving ban can, in certain circumstances be avoided by raising an ‘Exceptional Hardship Arguemnt’.
For your personal circumstances to qualify under this, the difficulties a long driving ban would cause must be more than normally suffered by other defendants in your position.
A driving ban will put many people at a high risk of losing their job, whether this would be accepted by the Court to issue discretion would be based on personal and individual circumstances.
To be successful with the application, a defendant must convince the Court, on the balance of probabilities that the ban would result in hardship which is exceptional. The burden of proving this rests with the defendant. It is crucial to understand that the Court must ban the driver for a minimum of 6 months if it is not convinced by the application and personal circumstances.
If this application is made, the Court will consider the effects of a disqualification on other people. These third parties are effectively innocent of any offence or wrongdoing and would essentially be punished if the driver were to be banned.
Appointing our experienced solicitors is recommended as we can prepare the case and provide you with the right legal advice to enhance your chances of achieving a positive outcome.
Representation at Court
If you would like to appoint our solicitors to advise and represent you at Court, please call us on 0345 222 9955 or complete our Contact Form.