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judeh
Im proposing to write the following statement in my mitigating circumstances statement - i was not intending on being present for the hearing as i have highlighted in said mitigating circumstances - the one thing i haven't yet added to my statement which i am pondering is that i actually didnt know i was in a 30mph zone when i was pulled over - having revisted the area there is one sign entering the village on an A road which advised then a rather long section of 30 with no reminders any opinion on if i should admit to not knowing the speed limit or not the radar gun is recorded as 50mph? i cant actually remember what i said to the officer at the time... or just simply go with this statement as it is ?

My journey on the day was to just outside of Mablethorpe travelling along the A1104 Maltby in the marsh from home to take a missing item my husband had forgotten to take to a customer.
Shortly after leaving Alford enroute I received an emergency call on my handsfree, I pulled the vehicle over to the side of the road to take the call from my 74 year old disabled mother who was in a somewhat distressed state as my horse Ginger had impaled himself on a fencing post and was bleeding profusely from the wound, I calmed her and gave brief instructions that I would request an urgent veterinary visit – which I did before continuing with my journey I still had the part to deliver and as I was almost at my destination I decided to take the coast route back as I would pass by my husband so I continued through the village feeling very upset and tearful but I felt I was competent to drive and the necessity to return home quickly was on my mind. I was then asked to pull over by the police shortly after resuming my journey where I answered all questions politely and efficiently as a responsible driver, I didn’t discuss with the officer the ensuing incident as I was trying to keep myself calm but thinking back to the incident now I was clearly in shock. I resumed my journey and arrived home to find the vet in attendance with the horse – Ginger was in a serious state of panic and upon seeing me he had a heart attack, crashed to the floor and was fitting and flailing, at this point the vet said we had no choice but euthanasia and she was clearly annoyed that I had not arrived earlier as she had travelled a longer distance. I lost a long faithful friend that day. My mother for whom I am a full time carer was also in a distressed state I had left her alone longer than an hour which causes her to panic but the stress of having to walk / fetch and open gates to deal with the vet alone without assistance was clearly painful.
Because of her disability I will not normally travel from home for longer than an hour or I take her with me, so it is for this reason I am not in attendance to discuss my case in person but hope you will understand the circumstances surrounding this isolated speeding offence in over 27 years of driving since I passed my test in 1986 I have never had a speeding offence or any other offence for that matter. Living in a remote rural area as a full time carer I can’t emphasise enough how important a vehicle is for day to day living requirements and I fully respect the privilege of holding a full clean driving license.
I enclose supporting evidence of the incident with Ginger and the vet and of my carers allowance.

AFCNEAL
What are you trying to achieve by this?

50 in a 30 isn't jail time or a ban (usually) unless you have points already (?). Not attending will severely limit any benefit as anyone can craft a story in an attempt to justify their actions. Either go along (if you're facing a ban etc) and simply state your remorsefulness, but all of this suggests you weren't concentrating which isn't a good perception to give?
peterguk
QUOTE (judeh @ Thu, 11 Jul 2013 - 15:21) *
a rather long section of 30 with no reminders


Repeaters are not used in 30mph limits. Terminal signs and a system of streetlights signify a 30 limit.
judeh
im trying to achieve either reduced points or no points and to avoid a ban if it all possible. I thought by explaining what the emergency was would help my case ? Is it better not to explain the emergency, the only reason i wasnt attending the case was that would mean time away from caring for my mom, i cannot afford on carers meager allowance to employ someone to stay with her.
Pete D
What exactly ( google maps reference ) is the location where you think there is only one 30 Sign. Pete D
AFCNEAL
QUOTE (judeh @ Thu, 11 Jul 2013 - 16:19) *
im trying to achieve either reduced points or no points and to avoid a ban if it all possible. I thought by explaining what the emergency was would help my case ? Is it better not to explain the emergency, the only reason i wasnt attending the case was that would mean time away from caring for my mom, i cannot afford on carers meager allowance to employ someone to stay with her.


As said already - unless you're close to a totting ban (12 points - are you?) whether you get (say) 4 or 5 isn't really materially that important - but annoying an unsympathetic magistrate with a convoluted story about an animal and how your mind was elsewhere could easily have the opposite effect - your call though (but remember you can't answer any questions on it if you're not there)
Jlc
QUOTE (judeh @ Thu, 11 Jul 2013 - 16:19) *
im trying to achieve either reduced points or no points and to avoid a ban if it all possible. I thought by explaining what the emergency was would help my case ? Is it better not to explain the emergency, the only reason i wasnt attending the case was that would mean time away from caring for my mom, i cannot afford on carers meager allowance to employ someone to stay with her.

As you seem to admit the offence the sentencing guidelines come into play. Whilst the circumstances are very sad they are unlikely to vary from the guidelines drastically. Endorsement is mandatory if a short ban isn't imposed.

Use this calc:



The fine will be reduced by 33% for a guilty plea. Costs around £80 and a victim's surcharge of 10% of the fine (min £20).

50mph is likely to be 6 points but they might impose 5.
judeh
QUOTE (Pete D @ Thu, 11 Jul 2013 - 17:25) *
What exactly ( google maps reference ) is the location where you think there is only one 30 Sign. Pete D


this is the google link to the one and only sign for this section of 30mph

https://maps.google.co.uk/maps?q=Maltby+le+...p;cbp=12,0,,0,0

QUOTE (AFCNEAL @ Thu, 11 Jul 2013 - 17:43) *
QUOTE (judeh @ Thu, 11 Jul 2013 - 16:19) *
im trying to achieve either reduced points or no points and to avoid a ban if it all possible. I thought by explaining what the emergency was would help my case ? Is it better not to explain the emergency, the only reason i wasnt attending the case was that would mean time away from caring for my mom, i cannot afford on carers meager allowance to employ someone to stay with her.


As said already - unless you're close to a totting ban (12 points - are you?) whether you get (say) 4 or 5 isn't really materially that important - but annoying an unsympathetic magistrate with a convoluted story about an animal and how your mind was elsewhere could easily have the opposite effect - your call though (but remember you can't answer any questions on it if you're not there)


many thanks for your advice, i hadn't really considered an unsympathetic magistrate [ i have no points on my license so no totting ban], ill revise and simply the statement but as its the only evidence i can present for my increased need to rush = speed i think its still worth mention albeit to a lesser extent agreed. thanks again ill post the edited version when ive given it more thought comments always appreciated good or bad.

QUOTE (Pete D @ Thu, 11 Jul 2013 - 17:25) *
What exactly ( google maps reference ) is the location where you think there is only one 30 Sign. Pete D



this is the location of the radar trap some distance on from that sign
https://maps.google.co.uk/maps?q=Maltby+le+...2,52.17,,0,2.18
Rallyman72
Having 'driven' Streetview from the limit sign to where you were stopped there is, once you get into the houses, a system of streetlights. Whether they are the required distance apart I'm not sure. No repeaters are permitted in the village if they are.
The Rookie
Limit from that sign to here would appear to be unenforceable due to the lack of repeaters, from that point you have a system of street lighting which you will know (from the highway code) denotes (aka signs) a 30 limit unless an alternate limit is posted, so you were in a legally signed limit where you were caught.
judeh
QUOTE (The Rookie @ Fri, 12 Jul 2013 - 08:13) *
Limit from that sign to here would appear to be unenforceable due to the lack of repeaters, from that point you have a system of street lighting which you will know (from the highway code) denotes (aka signs) a 30 limit unless an alternate limit is posted, so you were in a legally signed limit where you were caught.



Thanks, appreciate everyones time looking at this for me - i did genuinely believe i was in a 40 zone as per the previous village on this road - nevertheless i was still exceeding the 40 limit so im not protesting innocence either way. Its just a personal opinion ofc but if the purpose of the 30 limit is to make it safer for villagers then why not put more signage up to help them, the cost of sending a mobile radar trap unit would have paid for at least a couple of signs? Having googled the village its apparent their are known http://www.fixmystreet.com/report/62981 speeding problems and parish notes from the last few years mention speeding as an issue. Probably sounds sour grapes but punishing isolated motorists does nothing for the greater good of this village
norahl
QUOTE (judeh @ Sat, 13 Jul 2013 - 07:20) *
QUOTE (The Rookie @ Fri, 12 Jul 2013 - 08:13) *
Limit from that sign to here would appear to be unenforceable due to the lack of repeaters, from that point you have a system of street lighting which you will know (from the highway code) denotes (aka signs) a 30 limit unless an alternate limit is posted, so you were in a legally signed limit where you were caught.



Thanks, appreciate everyones time looking at this for me - i did genuinely believe i was in a 40 zone as per the previous village on this road - nevertheless i was still exceeding the 40 limit so im not protesting innocence either way. Its just a personal opinion ofc but if the purpose of the 30 limit is to make it safer for villagers then why not put more signage up to help them, the cost of sending a mobile radar trap unit would have paid for at least a couple of signs? Having googled the village its apparent their are known http://www.fixmystreet.com/report/62981 speeding problems and parish notes from the last few years mention speeding as an issue. Probably sounds sour grapes but punishing isolated motorists does nothing for the greater good of this village

It is just sour grapes. The good of the village has been improved because you are one of many motorist who should have known that when there are no signs and lamp posts at a spacing of 183m of less the limit is 30mph and now do because you have received a penalty.
In your years of driving did you never look out of the windscreen and wonder what had happened to all of the speed limit signs?
Simple guide:

1. There's no signs

2. Oh there's lamp posts

3. They are closer together than 183m

4. It's a 30 limit

Otherwise it's a 60 limit.
The Rookie
The law specifically excludes repeater signs on a restricted (street lights every 183m or less) road (unless the limit has been changed from 30mph), been the case since way back when it used to be 'built up area' (too ambiguous and hard to enforce), so really you have no excuse.
Durzel
I think your story is better distilled into something a little more simple to understand, but avoid implying too heavily that your attention was off the road for an extended period of time.

The obvious questions a court might ask include why you didn't tell the officers at the time about the circumstances (a big weakness, one you'll struggle to convince them by saying you were in shock - and suggesting you were that distracted is not a good idea), why you carried on delivering this part to a customer - unless it was a transplant organ I don't see why it took priority over your emergency situation. Even if you were close it infers you prioritised it over this apparent emergency since you felt you could waste X minutes doing it and traveling that additional distance back.

Not attending in person will weaken your position I feel, even with the circumstances that you present (the 1 hour thing sounds self imposed)

A ban is very unlikely given you have a clean license, so I would not worry too much about that.
sgtdixie
QUOTE (Durzel @ Sat, 13 Jul 2013 - 08:27) *
I think your story is better distilled into something a little more simple to understand, but avoid implying too heavily that your attention was off the road for an extended period of time.

The obvious questions a court might ask include why you didn't tell the officers at the time about the circumstances (a big weakness, one you'll struggle to convince them by saying you were in shock - and suggesting you were that distracted is not a good idea), why you carried on delivering this part to a customer - unless it was a transplant organ I don't see why it took priority over your emergency situation. Even if you were close it infers you prioritised it over this apparent emergency since you felt you could waste X minutes doing it and traveling that additional distance back.

Not attending in person will weaken your position I feel, even with the circumstances that you present (the 1 hour thing sounds self imposed)

A ban is very unlikely given you have a clean license, so I would not worry too much about that.


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