Will you get banned from driving if you are caught doing over 100mph?
Unfortunately, the answer is usually yes. According to the Magistrates' Court Sentencing Guidelines, a person speeding over 100mph is automatically at risk of a driving ban. You will also be sent to court for the magistrates to decide how long to ban you for. The length of the driving ban depends upon three things;
- the manner of driving (including the speed)
- the speed limit in place
- previous convictions
Sentencing Guidelines for high speeds
| Speed Limit | Recorded Speed |
| 30 | 51 and above |
| 40 | 66 and above |
| 50 | 76 and above |
| 60 | 91 and above |
| 70 | 101 and above |
| Penalty | Disqualify for up to 56 days or 6 penalty points |
The higher the speed the more likely the court are to impose a driving disqualification. As a general rule, the court would normally ban you if the speed exceeds twice the limit or if you are caught doing over 100mph. It is rarely the case the Magistrates' would defer from the above guidance. Mitigation in speeding cases can be put forward but it rarely convinces the court that a ban should not be imposed. It is important therefore that all of the evidence from the Prosecution is scrutinised (if provioded) at every stage of the case to avoid a driving disqualification.
Case Example
Jack is caught speeding at 67 mph in a 40 zone. He receives a letter asking him to attend a court hearing. Despite his mitigation, the court ban Jack for 56 days.
If Jack were to drive during this 56 day period it is likely he would be charged with 'disqualified driving' and go to prison.
How to avoid the driving ban
There are three ways to avoid the driving ban;
- Challenge the allegation and avoid a conviction
- Ask the court to impose penalty points
- Enter a basis of plea to a lower speed
We regularly represent motorists charged with speeding allegations in excess of 100 miles per hour.
Did you receive an NIP and how do you respond to the NIP?
You're probably reading our blog because you've been issued with a Notice of Intended Prosecution (NIP) from the police. Under section 172 of the Road Traffic Act 1988, the police have the power to ask a registered keeper of a vehicle to provide driver details in relation to an alleged offence. The requirement is that a response is provided within 28 days of the date on the notice. It is important to remember that providing your details (if you were driving) is not an admission of guilt. You are simply complying with the requirements set out on the notice.
A failure to provide driver details is an offence and the police will automatically charge you if they do not receive a response within the time limit. If you have been charged with failing to provide driver details, click here.
Is the NIP valid?
The first thing to check is whether the the NIP was issued to the registered keeper of the vehicle within 14 days of the alleged offence occurring. If it wasn't, it's likely that the notice is invalid and the Prosecution would be forced to drop the case.
Company vehicle? Click Here.
Speeding FAQ's
How long is a ban for speeding?
The length of a driving disqualification is based on the alleged speed. The speed limit in place and the alleged speed determine the length of the disqualification. For example, driving at 45 miles per hour in a 30 miles per hour zone could land you with either 4 -6 points or a driving disqualification between 7 - 28 days. Remember that the court cannot impose points and a driving ban, it has to be one or the other.
I was caught doing over 100 miles per hour on the motorway. Can I avoid a ban?
Naturally, the manner of driving on the motorway may be considered less of a risk to other road users if you are travelling at higher speeds. In any event, the court will always consider the alleged speeding over 100mph when determining the sentence or length of any disqualification period. The court can also be asked to consider the volume of traffic in the vicinity of the alleged offence, the time of day (rush hour), the weather conditions and whether or not the offence was a prolonged incident or a short burst of acceleration. This is why if you are trying to avoid a ban that the evidence is checked and challenged, even where you are pleading guilty. The police will often make mistakes in their witness statements which if left unchallenged, could amount to the court imposing an incorrect or excessive sentence.
Can I appeal a speeding ban?
The good news is that you have an automatic right to appeal a speeding conviction. The Magistrates' would usually require that an appeal is lodged with 21 days of the conviction. In exceptional circumstances, an extension of time can be requested. The appeal would be heard by the Crown Court where there is a much better understanding of the law and the sentencing guidelines that are in place. Remember that Magistrates are not legally trained and have to be advised on points of law and the sentencing guidelines before making a decision. As the Magistrates courts tend to be very rushed, unorganised and hectic places, advice from legal advisors to Magistrates can sometimes be lost in translation.
If you feel that your sentence was excessive, disproportionate or unjust, you may want to lodge your appeal. We specialise in the appeal process and can advise you on the necessary steps that would need to be taken to have the best chance of having a speeding conviction overturned.
How many speeding points before you get a ban?
If a driver accrues 12 or more penalty points on their licence within a 3 year period, they are automatically subject to a 6 month driving disqualification through totting up. If you are classed as a new driver, (if you have held you licence for less than 2 years) the DVLA will automatically revoke your driving licence.
You can tell the court why you would suffer exceptional hardship if you were to lose your licence. If the court agree, they can use their discretion to not impose a driving disqualification.
