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Will I lose my licence?, 3 speeding fines in one weekend with 3 points already!
Jampickle
post Thu, 3 Jul 2014 - 13:16
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All Lincolnshire A1

last Friday - 80mph... Ok so i have 3 points already, that's ok ish.
TODAY I opened the mail as I knew it was from them again and 2 more from Sunday coming back from London - 82 and 85!! At 13.02 and 13.05... All in the same area. I'm so upset... Does this mean i will in fact lose my licence?

I know I shouldn't have been speeding but can't do anything about that now. There were horrendous jams and when they were cleared we just all drove faster - stupid I know sad.gif

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desktop_demon
post Fri, 4 Jul 2014 - 10:39
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IMHO - a vehicle travelling at a constant illegal speed has committed an offence - one offence. If a vehicle is travelling at an illegal speed and slows to a legal speed and subsequently speeds up to an illegal speed, then two offences have been committed.

If a vehicle is traveling on the A1 at an illegal speed it would depend on what part of the A1 the offence was detected for one to be able to say if one or two offences have been committed. If for example there was a roundabout in the road en route then it could be reasonably presumed that the roundabout was navigated at a slower speed than the legal limit. In such a circumstance two offences could have been committed. If there was no such obstruction on the relevant part of the A1 then my presumption would be that only one offence had been committed. I would expect that argument to be accepted by the bench. if not then I would expect it to be accepted by the crown court or even the high court on appeal.




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post Fri, 4 Jul 2014 - 10:39
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sgtdixie
post Fri, 4 Jul 2014 - 11:11
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QUOTE (desktop_demon @ Fri, 4 Jul 2014 - 11:39) *
IMHO - a vehicle travelling at a constant illegal speed has committed an offence - one offence. If a vehicle is travelling at an illegal speed and slows to a legal speed and subsequently speeds up to an illegal speed, then two offences have been committed.

If a vehicle is traveling on the A1 at an illegal speed it would depend on what part of the A1 the offence was detected for one to be able to say if one or two offences have been committed. If for example there was a roundabout in the road en route then it could be reasonably presumed that the roundabout was navigated at a slower speed than the legal limit. In such a circumstance two offences could have been committed. If there was no such obstruction on the relevant part of the A1 then my presumption would be that only one offence had been committed. I would expect that argument to be accepted by the bench. if not then I would expect it to be accepted by the crown court or even the high court on appeal.

well, there is the small matter of traffic etc. It would be for the defence to convince a court that this was a single offence. I have seen this argued in a Newton Hearing and the driver won having one summons discontinued. Unfortunately he then got 6 points for the single offence (as opposed to 1X3 points on a COFP and a SAC) as the bench decided the offence was aggravated by its prolonged nature and the disregard the driver had having passed 2 highly visible speed cameras which had both flashed him from the front. Given he was on 6 points it wasn't too clever a decision.
I was told he appealed but do not know the result, except that 5 months later he was caught disqualified driving.

The point is, we don't have the facts so we can't offer an informed opinion, and ultimately it is for the courts to decide.
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