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Full Version: Due in Court - Question Regarding Mitigation
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Hi all, so I am due in court next month regarding being caught doing 70 in a variable speed zone of 40 on the M25 last year. I genuinely did not notice any sign indicating 40 on that day

Now unfortunately, at the time around the offence I had been suffering quite badly with my mental health, which I have now later found out is depression (and GAD) which I am being treated for.

At the time of the offence, I had been having a very low mood which was exaggerated by being alone with my thoughts (driving). One of the symptoms I did have in my very low points was poor concentration which I am absolutely certain is the reason I missed a sign.

I am scared to list this as mitigation as I'm afraid the magistrate may look unfavourably on me using my mental health as some sort of excuse, no matter how much I believe it had an affect on what happened that day.
They may not look at you unfavourably but equally they may not consider your illness to be mitigation. In fact they may take the view that you should not have been driving if your health meant you were unable to properly concentrate.

In all honesty, there is little in what you have said that will significantly alter the sentence. The biggest issue for you is that the guideline penalty is either a ban of between 7 and 56 days or 6 points. You don't get to choose but you may be able to steer them towards your preference.
Depression and driving
You must tell DVLA if your depression affects your ability to drive safely

If you mention this in court it is likely to count as an aggravating factor as you were driving when you knew you had poor concentration.

If you bring it up in court and haven't notified the DVLA I can't see it ending well.
As above
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