Mitigating curcamstances - Attatch a letter & Picture?
Mitigating curcamstances - Attatch a letter & Picture?
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Discussion

cptsideways

Original Poster:

13,888 posts

282 months

Thursday 10th December 2015
quotequote all
Just filling out the naughty boy form for a visit to the mags next week. Is it sensible or allowed to attach a letter and a picture to the mitigating circumstances section?

Retroman

975 posts

163 months

Thursday 10th December 2015
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cptsideways said:
Just filling out the naughty boy form for a visit to the mags next week. Is it sensible or allowed to attach a letter and a picture to the mitigating circumstances section?
Are you pleading guilty to an offence?
If so, it would be better to attend in person to put forward your plea for mitigating circumstances. Even at that, the mitigating circumstances would need to be quite convincing as a lot of the time they're feeble and make no difference.

cptsideways

Original Poster:

13,888 posts

282 months

Thursday 10th December 2015
quotequote all
Will be attending in person, a picture speaks a thousand words as they say. 30 limit that used to be NSL Dual Carriageway (and looks it) I missed 1 sign.

hman

7,497 posts

224 months

Thursday 10th December 2015
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I dont think it will make any difference, ignorance is no excuse. (as far as the law is concerned)

cptsideways

Original Poster:

13,888 posts

282 months

Thursday 10th December 2015
quotequote all
hman said:
I dont think it will make any difference, ignorance is no excuse. (as far as the law is concerned)
One would wish, intellect & knowledge of the road design type might be considered against missing a road sign suggesting otherwise! But hey ho

No I will not be using this in court!

marshalla

15,902 posts

231 months

Thursday 10th December 2015
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cptsideways said:
Will be attending in person, a picture speaks a thousand words as they say. 30 limit that used to be NSL Dual Carriageway (and looks it) I missed 1 sign.
So <devil's advocate> you admit you were driving without due care and attention ? </devil's advocate>

Devil2575

13,400 posts

218 months

Thursday 10th December 2015
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I'm guessing by his username that his car was probably not pointing straight at the time so it will have been easy to miss one sign...

cptsideways

Original Poster:

13,888 posts

282 months

Thursday 10th December 2015
quotequote all
Devil2575 said:
I'm guessing by his username that his car was probably not pointing straight at the time so it will have been easy to miss one sign...
I was in a 62bhp Automatic Diesel Lupo at the time!

xjay1337

15,966 posts

148 months

Thursday 10th December 2015
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cptsideways said:
I was in a 62bhp Automatic Diesel Lupo at the time!
Is that even capable of speeding?


cptsideways

Original Poster:

13,888 posts

282 months

Thursday 10th December 2015
quotequote all
xjay1337 said:
cptsideways said:
I was in a 62bhp Automatic Diesel Lupo at the time!
Is that even capable of speeding?
I did wonder scratchchin But yes in reality its quite zippy, honestly! I shall be pinning a copy of the summons to the bog wall to prove it.

cptsideways

Original Poster:

13,888 posts

282 months

Thursday 10th December 2015
quotequote all
In fact you will wonder even more as this is it on the day in question, with all my windsurf gear on the roof


HantsRat

2,409 posts

138 months

Thursday 10th December 2015
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Post the photo here.

speedking31

3,951 posts

166 months

Thursday 10th December 2015
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Was it literally one sign? i.e. there wasn't a sign on each side of the carriageway, in which case an incorrect signage defence might fly.

cptsideways

Original Poster:

13,888 posts

282 months

Thursday 10th December 2015
quotequote all
speedking31 said:
Was it literally one sign? i.e. there wasn't a sign on each side of the carriageway, in which case an incorrect signage defence might fly.
There are two small'ish signs when coming from the 40 limit, but the road is 3 lanes wide at this point.

I missed these signs from 40 to 30 and assumed the change was upwards at the DC ahead. I am heading eastbound. I got pinged on the DC 500 yards ahead.

https://www.google.co.uk/maps/place/Taunton,+Somer...

xjay1337

15,966 posts

148 months

Thursday 10th December 2015
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While I agree the speed limit is BS on there. You passed a 30 sign which is clearly marked unfortunately.

Vaud

59,735 posts

185 months

Thursday 10th December 2015
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cptsideways said:
There are two small'ish signs when coming from the 40 limit, but the road is 3 lanes wide at this point.

I missed these signs from 40 to 30 and assumed the change was upwards at the DC ahead. I am heading eastbound. I got pinged on the DC 500 yards ahead.


Was it in this direction? In which case you missed the one on the road as well...

Poor / no chance mitigation in my view.

Squiggs

1,520 posts

185 months

Thursday 10th December 2015
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cptsideways said:
There are two small'ish signs when coming from the 40 limit, but the road is 3 lanes wide at this point.

I missed these signs from 40 to 30 and assumed the change was upwards at the DC ahead. I am heading eastbound. I got pinged on the DC 500 yards ahead.
And right there is where you went wrong!
You can't miss something and then assume something else - like you can't miss a shops opening hours when it's closed and then smash the door down assuming it was open .... it just won't wash.

And it's not a DC ahead as there are no crash barriers in the central reservation.




Edited by Squiggs on Thursday 10th December 14:04


Edited by Squiggs on Thursday 10th December 14:07

marshalla

15,902 posts

231 months

Thursday 10th December 2015
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Squiggs said:
And right there is where you went wrong!
You can't miss something and then assume something else - like you can't miss a shops opening hours when it's closed and then smash the door down assuming it was open .... it just won't wash.
Right - and, as I hinted above, trying to mitigate by saying "I didn't see it" sounds like an admission of something more serious than speeding.

Squiggs said:
And it's not a DC ahead as there are no crash barriers in the central reservation.
Wrong. Barriers are not required. A central reservation is quite sufficient. (see https://www.gov.uk/guidance/the-highway-code/gener... between 136 and 137)

cptsideways

Original Poster:

13,888 posts

282 months

Thursday 10th December 2015
quotequote all
I am admitting defeat & going guilty, I knew just how fast I was going. What I'm getting at is:


Is there any plea in mitigation that is was a DC not a built up town center. Is what I'm getting at!

PS: A DC does not need crash barriers to be a DC, it just needs a dividing area between the two carriageways, which it has wink



Hammerhead

2,709 posts

284 months

Thursday 10th December 2015
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I got zapped on the very same bit of road back in 2011, the sign-age back then was terrible but a sign was there. Think you'll have to take it on the chin. Points don't make prizes, alas.