Help - Search - Members - Calendar
Full Version: Mitigating Circumstances for Speeding?
FightBack Forums > Queries > Speeding and other Criminal Offences
newbee
I've recently received a NIP thru the post for doing 40 in a 30 limit.

I'm thinking of completing the form as the keeper and driver. Is the next stage that a court date is set with the option for me to attend?

I was then thinking of attending court and pleading guilty but asking for mitigation, my points being:

1. This was at midnight and very few cars on road, 3 lanes wide each side, therefore 40 miles an hour whilst absolutely speeding was not a dangerously high speed.
2. There was a camera some 500 yards earlier that I had not been flashed by, so was travelling under 30 at that moment.
3. There was a bus in the inside lane pulling out, so I was using overtaking manoevre temporarily.
4. I have been driving for 20 years and never been convicted for speeding before.
5. I have driven high performance cars for past 6 years, but exercised restraint evidenced by my clean licence.
6. My car, being a Porcshe has exceptionally good brakes enabling me to stop in a short time and space should the need arise.
7. I admit to the speed, and offer to pay the fine, but request no points as this would blemish my long term record and likely affect my already expensive insurance.

What are the chances of the magistrates being reasonable and just fining me, without points?
chadders
QUOTE
I'm thinking of completing the form as the keeper and driver. Is the next stage that a court date is set with the option for me to attend?
No - AFAIK they will send you a Conditional Offer Fixed Penalty (COFP), whereby you reply with £60 and your licence (for 3 points) for doing 40mph in a 30mph. You may decline the COFP and then go to court.

QUOTE
1. This was at midnight and very few cars on road, 3 lanes wide each side, therefore 40 miles an hour whilst absolutely speeding was not a dangerously high speed.

Unfortunately speeding is an absolute offence - technically 31mph in a 30mph is an offence. If this 100mph on a motorway, no traffic, clear & dry then worth mentioning in mitigation.

QUOTE
2. There was a camera some 500 yards earlier that I had not been flashed by, so was travelling under 30 at that moment.
Irrelevant IMHO, nothing to do with being caught further on by another camera. I see where you're coming from though.

QUOTE
3. There was a bus in the inside lane pulling out, so I was using overtaking manoevre temporarily.

Overtaking isn't an automatic get of jail free card to speed. The alternative they'll say is you could have stopped/slowed.

QUOTE
4. I have been driving for 20 years and never been convicted for speeding before.
First time for everything - again, good when mitigating for say 100mph on a motorway, but in your case 3 points is 3 points.

QUOTE
5. I have driven high performance cars for past 6 years, but exercised restraint evidenced by my clean licence.

Just not in this case icon_wink.gif

QUOTE
6. My car, being a Porcshe has exceptionally good brakes enabling me to stop in a short time and space should the need arise.
This being one of those times (again, it's what they'll think).

QUOTE
7. I admit to the speed, and offer to pay the fine, but request no points as this would blemish my long term record and likely affect my already expensive insurance.

Well that would be jolly nice - get a cheaper car (again, what they'll think).

QUOTE
What are the chances of the magistrates being reasonable and just fining me, without points?

<tosses snowball into hell>

One question: as you're so keen to avoid the points, have you considered reading up on the PACE response? If you read the READ ME FIRST sticky you'll get an understanding, PLUS you'll see that there are some basic questions that you could post back the answers to (constabulary, date of offence, etc).
newbee
Chadders,
thanks.
Yes I saw the sticky about details re. constabulary etc, but didn't see the point as mine is a general question I suppose.
Also I did read up on the PACE. What worries me is that loads of people must be using this. Does it really still work? Will it cause me more trouble? What is the hoped outcome with PACE- is it no penalty at all, or a fine for not providing?
Ocelot
QUOTE (newbee @ Sat, 29 Apr 2006 - 11:23) *
Chadders,
thanks.
Yes I saw the sticky about details re. constabulary etc, but didn't see the point as mine is a general question I suppose.
Also I did read up on the PACE. What worries me is that loads of people must be using this. Does it really still work? Will it cause me more trouble? What is the hoped outcome with PACE- is it no penalty at all, or a fine for not providing?


As Chadders says, mitigation wont help you get off a speeding fine completely, but sometimes it helps lighten the penalty for more serious offences. With your speed, the worse case scenario is you get £60 and 3 points, if you cave in and pay up.

The hoped outcome for a PACE defence would be them deciding not to proceed, as it is more trouble than its worth. They can still do you for speeding, even if they decide to fight it all the way to court, but not for failure to provide, as you provide the required information attached to the PACE letter.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.