I can feel some sympathy for those who are caught doing 10-20mph over the limit on a quiet road - I've been there.

ut 38mph over the limit is plain irresponsible - deal with the consequences and learn for the future.

Sorry to be unsympathetic!

Nothing you've said provides a defence. It is worth checking the points made by craig sp130 at 18:15 yesterday. However, you should note that the NIP does not have to include details of your vehicle. All that is required is that it informs you of "...the nature of the alleged offence and the time and place where it is alleged to have been committed," So "speeding on M25 clockwise between junctions 6 and 7 at 18:30 on 1/8/20" will do.

You will not be offered a fixed penalty for the offence. They are only offered up to 75mph in a 50mph limit. You will receive a "Single Justice Procedure Notice" informing you of court action. This could take up to six months or a little more. The likely outcome (if you plead guilty) is a fine of a week's net income, a Victim Surcharge of 10% of the fine (minimum £34), £85 costs and six points. The court does have the discretion to ban you for a short time (guidelines suggest up to 56 days) though six points will be far more likely. If the Singe Justice believes a ban should be considered your matter will be listed for a hearing in the normal magistrates' court and you will be invited to attend. You cannot attend a "Single Justice" hearing but if you want to have your matter dealt with in the normal court from the outset you will have that option when you receive your SJ notice. The guidelines used and potential penalties are the same whether imposed by an SJ or a normal court.

Firstly what you did was totally irresponsible and many including myself believe that you should be punished for what you did and hope that makes you drive more appropriate to the conditions in future. All that wash about not being able to afford the fine is t***, you should have thought about that before. If you can't do the time or pay the fine don't do the crime !

Why was the visor was down ? If due to low sun and reduced visibility then would be totally irresponsible to try it as mitigation. Your in a hole, stop digging.

However there my be a lifeline for you, it will mean a bit of digging around for you but better to do this that mope about.

Worth checking if the traffic order was in force at the time you committed the offence. In many case the signs go up before the order comes into force. You will then plead guilty to exceeding the statuary 70mph limit that was in force. Most likely at 88 mph you are still over the threshold for fixed penalty but only just. 10% + 9mph is generally used by most forces. I think you are in the threshold for a ban for 88 in a 50mph.

Edited by Cris_on_the_gas on 21/08/2020 at 15:10