- Mia Anastasi was caught driving at 68mph in a 40mph zone by a police officer
A trainee beautician has exploited a legal loophole to dodge having to re-take and pass her driving test again after she was caught driving at 68mph in a 40mph zone in her Mercedes C-class.
On August 22, Mia Anastasi was pulled over by a police officer after she was spotted emerging from a toll booth at the Kingsway Mersey Tunnel near the M53 motorway at a ‘fast pace’.
Sentencing guidelines show drivers can receive six points for driving 68mph in a 40mph area, therefore the 20-year-old faced getting her licence cancelled and having to reapply for a provisional licence and sitting her driving and theory exams again.
But under a quirk in the new rules she was instead able to accept a 14 day driving disqualification.
The court heard that Anastasi, from Heswall on the Wirral, should be fined and either be given six penalty points or a ban of between seven and 56 days.
Trainee beautician Mia Anastasi (pictured)was caught speeding at 68mph in a 40mph zone in August
Mia Anastasi (pictured), 20, was pulled over by a police officer after she was spotted emerging from a toll booth at the Kingsway Mersey Tunnel near the M53 motorway at a ‘fast pace’
Anastasi was spared from having to order a new set of L Plates – even though she already had five points on her licence following another motoring misdemeanor involving a Renault Megane convertible she was driving.
RULES FOR NEW DRIVERS
Any penalty points on your provisional licence that have not expired will be carried over to your full licence when you pass your test.
Your licence will be cancelled (revoked) if you get 6 or more points within 2 years of passing your test.
This means you will have to apply and pay for a new provisional licence and pass both theory and practical parts of the driving or riding test again to get a full licence.
Chris Howard, prosecuting, said: ‘An officer on patrol saw a silver Mercedes exit the toll booth at a fast pace and he followed the defendant’s vehicle south bound on the link road towards the M53.
‘Unfortunately, his VASCAR software was out of calibration so he decided to pace the vehicle and got behind the Mercedes.
‘He drove at 60 mph according to his calibrated speedometer and the Mercedes still pulled away from him increasing the distance between the Mercedes and the police vehicle.
‘The officer formed the opinion that the defendant was driving in excess of the 40mph speed limit and he subsequently pulled her over just prior to the M53.’
The legal adviser clarified from the police records that her speed had been calculated as 68mph by the use of CCTV.
Representing herself, Anastasi who is currently claiming Universal Credit confirmed she preferred a short ban but said she did not believe she was going so fast. She did not want to dispute the matter by going to trial and pleaded guilty to speeding.
She added: ‘I didn’t think the officer stopped me for speeding. When I first bought the vehicle, it was not in my name and he first pulled me over for that.
‘I have already got five points on my licence and I am a new driver.’
Representing herself at Magistrates’ court, Anastasi who is currently claiming Universal Credit said she did not believe she was going so fast
The clerk said: ‘It is six points for driving at 68mph in a 40mph zone but she is going to try to persuade you to give her a short ban so that she doesn’t have to take her test again. The ban is between seven and 56 days. ‘
Magistrates agreed to ban her from driving for 14 days and also fined her £120 and ordered that she pay £168 in costs and victim surcharge.
Chairman Hugh Evans said: ‘We have listened to what has been said. We are going to disqualify you rather than give you points.
‘The disqualification will be for 14 days. You cannot drive. If you do, that will be a very serious offence.’