Mitigation for 70mph in a 40 mph zone (M62)
Discussion
Friend was travelling on M62 last July at 70 mph. Motorway was quiet, good weather and never noticed any signs indicating the limit was reduced to 40 mph. No idea why the limit was reduced, no lane closures or road works apparently. Friend is guilty and not disputing this. SJP notice issued and would like advice on mitigation as they already have 3 points. This person travels a lot for both jobs, one is frontline NHS.
Specifically asking for the likely outcome of pleading guilty by post or in person, what mitigation is possible and which of the 2 guilty options would see the most lenient sentence (attend or post). If those of you with experience in this area (AGTlaw et al) could advise that would be very helpful. I am not asking for comments on why this happened, how did they not see signs etc.
Specifically asking for the likely outcome of pleading guilty by post or in person, what mitigation is possible and which of the 2 guilty options would see the most lenient sentence (attend or post). If those of you with experience in this area (AGTlaw et al) could advise that would be very helpful. I am not asking for comments on why this happened, how did they not see signs etc.
So friend didn't notice that they were barreling past every other vehicle on the whole travelling 30MPH slower ? Friend is digging themselves a Driving Without Due Care charge here. Presume it's a snap from the overhead gantries rather than a tug from plod and evidence of the gantry signs showing the correct speed has been supplied ?
joe jag said:
Friend was travelling on M62 last July at 70 mph. Motorway was quiet, good weather and never noticed any signs indicating the limit was reduced to 40 mph. No idea why the limit was reduced, no lane closures or road works apparently. Friend is guilty and not disputing this. SJP notice issued and would like advice on mitigation as they already have 3 points. This person travels a lot for both jobs, one is frontline NHS.
Specifically asking for the likely outcome of pleading guilty by post or in person, what mitigation is possible and which of the 2 guilty options would see the most lenient sentence (attend or post). If those of you with experience in this area (AGTlaw et al) could advise that would be very helpful. I am not asking for comments on why this happened, how did they not see signs etc.
If the aim is to avoid a ban then plea should be guilty, I do not want to attend court. Specifically asking for the likely outcome of pleading guilty by post or in person, what mitigation is possible and which of the 2 guilty options would see the most lenient sentence (attend or post). If those of you with experience in this area (AGTlaw et al) could advise that would be very helpful. I am not asking for comments on why this happened, how did they not see signs etc.
Enter the plea online. via the onlineplea website. Do not use post.
The likely outcome is 6 points or a short ban (7-56 days). There will also be a fine, surcharge and costs.
A very basic plea in mitigation would be as follows:
1) I accept that I am guilty of the offence charged and I have pleaded guilty at the very earliest opportunity.
2) The offence occurred because ... it was not my intention to exceed the speed limit.
3) I have one relevant previous conviction but there are no other aggravating factors present.
4) I work as a frontline NHS ... I rely on my car because of my working hours ... work location.
5) I have x children. My wife works ... no public transport links
6) I am very sorry about this offence. There is no question of a repeat offence.
agtlaw said:
joe jag said:
Friend was travelling on M62 last July at 70 mph. Motorway was quiet, good weather and never noticed any signs indicating the limit was reduced to 40 mph. No idea why the limit was reduced, no lane closures or road works apparently. Friend is guilty and not disputing this. SJP notice issued and would like advice on mitigation as they already have 3 points. This person travels a lot for both jobs, one is frontline NHS.
Specifically asking for the likely outcome of pleading guilty by post or in person, what mitigation is possible and which of the 2 guilty options would see the most lenient sentence (attend or post). If those of you with experience in this area (AGTlaw et al) could advise that would be very helpful. I am not asking for comments on why this happened, how did they not see signs etc.
If the aim is to avoid a ban then plea should be guilty, I do not want to attend court. Specifically asking for the likely outcome of pleading guilty by post or in person, what mitigation is possible and which of the 2 guilty options would see the most lenient sentence (attend or post). If those of you with experience in this area (AGTlaw et al) could advise that would be very helpful. I am not asking for comments on why this happened, how did they not see signs etc.
Enter the plea online. via the onlineplea website. Do not use post.
The likely outcome is 6 points or a short ban (7-56 days). There will also be a fine, surcharge and costs.
A very basic plea in mitigation would be as follows:
1) I accept that I am guilty of the offence charged and I have pleaded guilty at the very earliest opportunity.
2) The offence occurred because ... it was not my intention to exceed the speed limit.
3) I have one relevant previous conviction but there are no other aggravating factors present.
4) I work as a frontline NHS ... I rely on my car because of my working hours ... work location.
5) I have x children. My wife works ... no public transport links
6) I am very sorry about this offence. There is no question of a repeat offence.
NikBartlett said:
So friend didn't notice that they were barreling past every other vehicle on the whole travelling 30MPH slower ? Friend is digging themselves a Driving Without Due Care charge here. Presume it's a snap from the overhead gantries rather than a tug from plod and evidence of the gantry signs showing the correct speed has been supplied ?
You'd be surprisedI've been on a practically empty stretch of m62 when the gantries flick to 50 for no apparent reason(most often at night to reduce road noise levels for local residents) and have to slam on before the gantry
Saving lives
NikBartlett said:
So friend didn't notice that they were barreling past every other vehicle on the whole travelling 30MPH slower ? Friend is digging themselves a Driving Without Due Care charge here. Presume it's a snap from the overhead gantries rather than a tug from plod and evidence of the gantry signs showing the correct speed has been supplied ?
Tbf when I see those signs I welly it to the next gantry then brake sharply just in case Patio said:
You'd be surprised
I've been on a practically empty stretch of m62 when the gantries flick to 50 for no apparent reason(most often at night to reduce road noise levels for local residents) and have to slam on before the gantry
Saving lives
There is a 1 minute grace period before the cameras enforce a newly posted limited. You are therefore panicking unnecessarily. That's even if that particular gantry has a camera on it.I've been on a practically empty stretch of m62 when the gantries flick to 50 for no apparent reason(most often at night to reduce road noise levels for local residents) and have to slam on before the gantry
Saving lives
xx99xx said:
There is a 1 minute grace period before the cameras enforce a newly posted limited. You are therefore panicking unnecessarily. That's even if that particular gantry has a camera on it.
I wouldn't disagree but I just don't trust themGot done a few years ago on m1 near Sheffield.....cruising along at 73, probably talking handsfree on phone or changing radio and looked up in horror to see 60 on the gantry
SAC at rotherham football club
Patio said:
NikBartlett said:
So friend didn't notice that they were barreling past every other vehicle on the whole travelling 30MPH slower ? Friend is digging themselves a Driving Without Due Care charge here. Presume it's a snap from the overhead gantries rather than a tug from plod and evidence of the gantry signs showing the correct speed has been supplied ?
You'd be surprisedI've been on a practically empty stretch of m62 when the gantries flick to 50 for no apparent reason(most often at night to reduce road noise levels for local residents) and have to slam on before the gantry
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff