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Speeding Fine + Crohn's Disease
mancunian
post Wed, 5 Aug 2020 - 11:49
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Hi there,

I have been caught speeding at 42mph on a 30 road. At the time I was speeding but doing so as my partner, who suffers from Crohn's Disease, required me to "not wait" and get to a toilet as soon as possible. She has been suffering for many years now, and was the start of a month-long flare up.

Today she has ordered the "can't wait" card (https://www.crohnsandcolitis.org.uk/get-involved/become-a-member/member-benefits/cant-wait-card) but am now in a position to either pay the £100 and get 3 points (already done the course) via the conditional offer of fixed penalty, or appeal.

My questions are:
1) Is Crohn's something that would negate this fixed penalty?
2) Is it worth me appealing this?

Thanks,
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post Wed, 5 Aug 2020 - 11:49
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The Rookie
post Wed, 5 Aug 2020 - 12:50
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I've asked a moderator to move this to the right forum for you.

You can't appeal a fixed penalty (not least as there is no verdict to appeal against), you either accept it, or you do not.

If you do not the case goes to court where you can then offer a defence.

1/ You can't 'negate a fixed penalty' but it may offer a defence (or a special reason not to endorse) to the original charge.
2/ You can possibly defend (or mitigate it to such a level that it amounts to a special reason not to endorse) but that will depend on a lot of factors

As a starter.
How far from home (or the toilet you were heading for) were you?
How long had you been travelling?
Caught by a camera or stopped at the roadside?
Will your partner be happy to give evidence in court?


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Lynnzer
post Wed, 5 Aug 2020 - 12:54
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I believe this is a case of going to court for non payment of the fixed penalty then pleading guilty with extenuating circumstances.


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The Rookie
post Wed, 5 Aug 2020 - 12:56
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QUOTE (Lynnzer @ Wed, 5 Aug 2020 - 13:54) *
I believe this is a case of going to court for non payment of the fixed penalty then pleading guilty with extenuating circumstances.

Erm no.

There is no offence of failing to pay a fixed penalty, as its a conditional offer being sent one confers no liability at all.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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mancunian
post Wed, 5 Aug 2020 - 13:13
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QUOTE (The Rookie @ Wed, 5 Aug 2020 - 13:50) *
I've asked a moderator to move this to the right forum for you.

You can't appeal a fixed penalty (not least as there is no verdict to appeal against), you either accept it, or you do not.

If you do not the case goes to court where you can then offer a defence.

1/ You can't 'negate a fixed penalty' but it may offer a defence (or a special reason not to endorse) to the original charge.
2/ You can possibly defend (or mitigate it to such a level that it amounts to a special reason not to endorse) but that will depend on a lot of factors

As a starter.
How far from home (or the toilet you were heading for) were you?
How long had you been travelling?
Caught by a camera or stopped at the roadside?
Will your partner be happy to give evidence in court?


Based on the above I'd rather just pay the fine, get the points and leave it. We were 35 miles from home, but was trying to find a petrol station at the time. However, with Crohn's making her high risk I'd rather us not risk potential COVID exposure. As a result, I decided to drive a little faster where possible.

There's no point wasting court time on this one.
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The Rookie
post Wed, 5 Aug 2020 - 13:23
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I think with that distance and the fact you were planning on driving home a court would consider it wasn't really that much of an emergency.

Arguably if it was an emergency you would take the then lower risk of stopping at a public toilet.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
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Sparxy
post Wed, 5 Aug 2020 - 20:37
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QUOTE (The Rookie @ Wed, 5 Aug 2020 - 14:23) *
I think with that distance and the fact you were planning on driving home a court would consider it wasn't really that much of an emergency.

Arguably if it was an emergency you would take the then lower risk of stopping at a public toilet.


Personally (I have IBS), i've driven "a bit quicker" knowing that i'm going to be urgently needing the toilet (or alternatively **** myself). Luckily not been caught yet (although if this ever does happen it's because it's at night, where there are no services open). I luckily haven't needed to use a field yet (although always carry a bog roll).

One for the OP (cos i'd guess they'd ask this in court) - did you pass any public toilets, or could you have made a short diversion to do so?
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Logician
post Wed, 5 Aug 2020 - 20:46
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It is not impossible to get an acquittal in such circumstances, as Sir Alex Ferguson did. LINK But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding.


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cp8759
post Sat, 8 Aug 2020 - 10:11
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QUOTE (Logician @ Wed, 5 Aug 2020 - 21:46) *
But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding.

That's interesting, I had no idea you were a magistrate.

As for the OP, I think you might have had a viable defence if you'd gone to the nearest possible public loo, but driving 35 minutes would be a very strong indication that it's not an emergency.


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666
post Sat, 8 Aug 2020 - 10:55
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QUOTE (cp8759 @ Sat, 8 Aug 2020 - 11:11) *
QUOTE (Logician @ Wed, 5 Aug 2020 - 21:46) *
But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding.

That's interesting, I had no idea you were a magistrate.

As for the OP, I think you might have had a viable defence if you'd gone to the nearest possible public loo, but driving 35 minutes would be a very strong indication that it's not an emergency.

Coronavirus, m'lud.

Public toilets closed, and cafes etc. closed or restricting entry.
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cp8759
post Sat, 8 Aug 2020 - 11:29
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QUOTE (666 @ Sat, 8 Aug 2020 - 11:55) *
Coronavirus, m'lud.

Public toilets closed, and cafes etc. closed or restricting entry.

Petrol stations never closed, and pubs and restaurants are open unless you're in a local lockdown area.


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Logician
post Sat, 8 Aug 2020 - 11:32
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QUOTE (cp8759 @ Sat, 8 Aug 2020 - 11:11) *
QUOTE (Logician @ Wed, 5 Aug 2020 - 21:46) *
But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding.

That's interesting, I had no idea you were a magistrate.

I am no longer sitting. I was a bit dubious, but my colleagues were convinced.


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Logician
post Sat, 8 Aug 2020 - 11:32
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QUOTE (cp8759 @ Sat, 8 Aug 2020 - 11:11) *
QUOTE (Logician @ Wed, 5 Aug 2020 - 21:46) *
But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding.

That's interesting, I had no idea you were a magistrate.

I am no longer sitting. I was a bit dubious, but my colleagues were convinced.


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cp8759
post Sat, 8 Aug 2020 - 11:41
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QUOTE (Logician @ Sat, 8 Aug 2020 - 12:32) *
I am no longer sitting.

I know, that's why I said "were" rather than "are".


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blackcross
post Sat, 8 Aug 2020 - 22:21
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[/quote]
I was a bit dubious, but my colleagues were convinced.
[/quote]

Good to hear that you were not easily swayed. A bit of valeting inconvenience does not really rise to an emergency.
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