Help needed on Speeding, 25mph on 20mph road Options

[SamKays]

Hello Guys,

I really appreciate if you can please help me what to do on this;

I've attached the file for NIP

Basically it states as;

alleged offence details;

Exceed a 20mph speed limit;

Recorded speed 25mph;

For your records;

I already have a case in court with speeding issue. I cannot accept this I have to somehow find a way to challenge this.

Your help is so much appreciated.


Here is the asset;


Thanks Very Much
Sam

This post has been edited by SamKays: Sat, 28 May 2022 - 12:39

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[cp8759]

I cannot accept this I have to somehow find a way to challenge this.

Well you don't seem to dispute that you are guilty of the offence? So I'm not sure you have much of a choice?

[Jlc]

I cannot accept this I have to somehow find a way to challenge this.

Was the signage correct? Is the relevant TRO correct?

As above, you may not have a choice...

[andy_foster]

Presumably you are a "new driver" and will have your licence revoked if your total of relevant points reaches or exceeds 6 for an offence committed within your probationary period?

Necessity might be the mother of invention, but is not in itself a defence.
Can't see anything wrong with the NIP - although it is very rare to find a material defence in a NIP taken in isolation.

Best chance of avoiding points is taking the course that you would expect to be offered (assuming that you have not done a course for a speeding offence committed in the previous 3 years).

[NewJudge]

What is the likely outcome of the other case and how will this latest offence have such an impact on you?

[The Rookie]

I already have a case in court with speeding issue. I cannot accept this I have to somehow find a way to challenge this.

Apart from being, of itself, a meaningless statement (no acceptance by a criminal is required for them to be punished) it may help to explain why you can’t take/won’t be be offered the awareness course that is otherwise the best option and why then 3 points will be such an issue.

[SamKays]

What is the likely outcome of the other case and how will this latest offence have such an impact on you?

The other case is lodged to appeal which will take place in October. The impact is huge. I'm using the car for my business and I cannot do without driving. It is the reason we were able to lodge the case to the court.

I believe I'll do the same for this one.

[thisisntme]

What is the likely outcome of the other case and how will this latest offence have such an impact on you?

The other case is lodged to appeal which will take place in October. The impact is huge. I'm using the car for my business and I cannot do without driving. It is the reason we were able to lodge the case to the court.

I believe I'll do the same for this one.

None of the above explains why you need to avoid 3 points, or whether you would be eligible for a safety awareness course. Without a valid defence, an appeal will be massively expensive - not that you can appeal a NIP.

[NewJudge]

What is the likely outcome of the other case and how will this latest offence have such an impact on you?

The other case is lodged to appeal which will take place in October. The impact is huge. I'm using the car for my business and I cannot do without driving. It is the reason we were able to lodge the case to the court.

I believe I'll do the same for this one.

Could you give us a little more detail. Why will these offences prevent you from driving? This latest offence will attract either a course (if you are eligible) or a fixed penalty (£100 and 3 points) at worst. How many points do you currently have? You don't need a reason to lodge an appeal from the Magistrates' Court to the Crown Court. What is the basis for your appeal in the other matter (presumably speeding?) and why do you believe this offence (if you are convicted) would be suitable for appeal? If you want some help you really need to help us a little. To simply ask if there is a way to challenge this latest matter is not a realistic question without some more information.

This post has been edited by NewJudge: Sat, 28 May 2022 - 20:11

[cp8759]

The impact is huge. I'm using the car for my business and I cannot do without driving. It is the reason we were able to lodge the case to the court.

None of that amounts to a defence in law. The magistrates could well take the view that you should have known the impact would have been huge, so you should have made an effort to comply with the law.

As above, you've not explained why the impact of three points would be so huge, have you passed your test within the last two years? How many points are on your licence? Do you have some reason to believe you would not be offered a speed awareness course?

[The Rookie]

The impact is huge. I'm using the car for my business and I cannot do without driving. It is the reason we were able to lodge the case to the court.

Well no, the impact on you has nothing to do with a reason why you were able to ‘lodge the case to court’ (whatever that actually means).

[Jlc]

Just a thought - many think that by delaying the inevitable that existing points can 'drop off' to avoid recovation/ban. Of course, that is not the case as the date of offence is the reference used.

This post has been edited by Jlc: Sun, 29 May 2022 - 08:14

[BluntyMcCrow2]

What is the likely outcome of the other case and how will this latest offence have such an impact on you?

The other case is lodged to appeal which will take place in October. The impact is huge. I'm using the car for my business and I cannot do without driving. It is the reason we were able to lodge the case to the court.

I believe I'll do the same for this one.

Could you give us a little more detail. Why will these offences prevent you from driving? This latest offence will attract either a course (if you are eligible) or a fixed penalty (£100 and 3 points) at worst. How many points do you currently have? You don't need a reason to lodge an appeal from the Magistrates' Court to the Crown Court. What is the basis for your appeal in the other matter (presumably speeding?) and why do you believe this offence (if you are convicted) would be suitable for appeal? If you want some help you really need to help us a little. To simply ask if there is a way to challenge this latest matter is not a realistic question without some more information.

Interesting point.
If a driver is offered a speed awareness course, rejects it and opts for court (later found guilty), is it likely they could be offered a another course for subsequent eligible speeding offences?

[NewJudge]

Interesting point.
If a driver is offered a speed awareness course, rejects it and opts for court (later found guilty), is it likely they could be offered a another course for subsequent eligible speeding offences?

I believe they would. I understand the criterion for eligibility is that the driver must not have taken a course in the preceding three years (with the dates of the offences being used to calculate that period).