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jay_123
I'd be grateful for your advice please guys.

I was caught doing 103 in a 70 on the A1(M).

- Sunday morning
- Dry, summer day
- Little traffic

I was pulled over at the time by an officer who had used a laser gun to determine my speed.

I have received a letter which says the offence can be dealt with by way of the Single Justice Procedure.

It's very important to me to not be banned however I am unsure of the chances of avoiding one at such speed, so I would appreciate your views.

I have a clean license and have been driving for 13 years and have not previously been convicted of any speeding offences.

First question I have is, should I plead guilty under the Single Justice Procedure where the magistrate will make a decision without a hearing (or is it likely that due to the seriousness even if i do this, they will ask me to attend) or plead guilty in court?

Secondly, what types of mitigation will be helpful in me potentially retaining my license?

I look after my mother who is disabled, driving her to attend physiotherapy, hospital/doctor appointments etc. Would the Court consider mitigation such as this?

Thanks in advance for any help/advice.
Logician
There is nothing to be lost by pleading guilty under the single justice procedure, if the justice thinks that disqualification should be considered he will ask you to attend a full court, you cannot be disqualified in your absence without being given a chance to attend. If you were disqualified for that speed it would be only a week or two and many magistrates will think that giving you 6 points is likely to have more continuing influence on your driving than a very short ban, so 6 points is the most likely outcome. Driving your mother is really more applicable to an exceptional hardship argument when a 6 month period for totting is being considered, for a short ban there would be ways of getting round any problems, such as using taxis, so no point mentioning that. All you can really say in mitigation is that you are not an habitual speeder, as demonstrated by your clean licence, this was an uncharacteristic lapse for which you apologise and there were no aggravating factors.
jay_123
QUOTE (Logician @ Wed, 26 Oct 2016 - 00:15) *
There is nothing to be lost by pleading guilty under the single justice procedure, if the justice thinks that disqualification should be considered he will ask you to attend a full court, you cannot be disqualified in your absence without being given a chance to attend. If you were disqualified for that speed it would be only a week or two and many magistrates will think that giving you 6 points is likely to have more continuing influence on your driving than a very short ban, so 6 points is the most likely outcome. Driving your mother is really more applicable to an exceptional hardship argument when a 6 month period for totting is being considered, for a short ban there would be ways of getting round any problems, such as using taxis, so no point mentioning that. All you can really say in mitigation is that you are not an habitual speeder, as demonstrated by your clean licence, this was an uncharacteristic lapse for which you apologise and there were no aggravating factors.


Thanks for the advice. Would you recommend printing a letter of mitigation and attaching it to the letter I have received or hand writing mitigating points into the space provided on the form? Not sure what would be considered acceptable and if there are any formalities.
Logician
QUOTE (jay_123 @ Wed, 26 Oct 2016 - 22:22) *
QUOTE (Logician @ Wed, 26 Oct 2016 - 00:15) *
There is nothing to be lost by pleading guilty under the single justice procedure, if the justice thinks that disqualification should be considered he will ask you to attend a full court, you cannot be disqualified in your absence without being given a chance to attend. If you were disqualified for that speed it would be only a week or two and many magistrates will think that giving you 6 points is likely to have more continuing influence on your driving than a very short ban, so 6 points is the most likely outcome. Driving your mother is really more applicable to an exceptional hardship argument when a 6 month period for totting is being considered, for a short ban there would be ways of getting round any problems, such as using taxis, so no point mentioning that. All you can really say in mitigation is that you are not an habitual speeder, as demonstrated by your clean licence, this was an uncharacteristic lapse for which you apologise and there were no aggravating factors.
Thanks for the advice. Would you recommend printing a letter of mitigation and attaching it to the letter I have received or hand writing mitigating points into the space provided on the form? Not sure what would be considered acceptable and if there are any formalities.


No formalities and brevity is best so write on the form you have received. Also any separate letter can be misplaced.

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