Speeding - mitigating circumstances
Discussion
I have a long-term medical issue with chronic diarrhoea and am currently under the care of a gastrointestinal consultant. When the urge comes, I really don't have that much time to seek somewhere.
Such an urge came a few days ago while driving on the A69 approaching Haltwhistle. This is a 60 mph road with no stopping places and at that point the road is two-lane for overtaking up a hill and has fast traffic on it . I knew that Haltwhistle village was just over the hill with pubs and cafes where I could go. So I put my foot down, went past a camera van at 71 mph.
Anyone know if my mitigating circumstances are sufficient not to get a fixed penalty and fine ?
Such an urge came a few days ago while driving on the A69 approaching Haltwhistle. This is a 60 mph road with no stopping places and at that point the road is two-lane for overtaking up a hill and has fast traffic on it . I knew that Haltwhistle village was just over the hill with pubs and cafes where I could go. So I put my foot down, went past a camera van at 71 mph.
Anyone know if my mitigating circumstances are sufficient not to get a fixed penalty and fine ?
londonman said:
I have a long-term medical issue with chronic diarrhoea and am currently under the care of a gastrointestinal consultant. When the urge comes, I really don't have that much time to seek somewhere.
Such an urge came a few days ago while driving on the A69 approaching Haltwhistle. This is a 60 mph road with no stopping places and at that point the road is two-lane for overtaking up a hill and has fast traffic on it . I knew that Haltwhistle village was just over the hill with pubs and cafes where I could go. So I put my foot down, went past a camera van at 71 mph.
Anyone know if my mitigating circumstances are sufficient not to get a fixed penalty and fine ?
Assuming you were actually caught, you'll only get a fixed penalty if you accept the offer of one - it's a take it or leave it situation. To plead mitigation you'll have to refuse the fixed penalty and send a letter of mitigation along with your guilty plea in response to the summons that will follow in due course. The problem is that you risk ending up with a bigger fine than the fixed penalty of £100 because the court fine will be means tested although obviously your mitigation might work and you get let off. Either way, You won't know if this is all relevant until a NIP drops through your door. Is the car registered to you?Such an urge came a few days ago while driving on the A69 approaching Haltwhistle. This is a 60 mph road with no stopping places and at that point the road is two-lane for overtaking up a hill and has fast traffic on it . I knew that Haltwhistle village was just over the hill with pubs and cafes where I could go. So I put my foot down, went past a camera van at 71 mph.
Anyone know if my mitigating circumstances are sufficient not to get a fixed penalty and fine ?
Edited by ElectricPics on Friday 5th April 11:27
Sounds awful, I hope it clears up for you. 71 in a 60. You should get the offer of a fixed penalty or even an awareness course, if appropriate.
Alex Ferguson's lawyer argued that the use of the hard shoulder was as allowed so he "Got off" (By reason of accident illness or other injury)
Speeding doesn't have those same exemptions:
Genuine emergency is mitigation, in the sentencing guidelines, so could lead to a reduced penalty. To "Get off" speeding a driver has to show Necessity or duress of circumstances which is a much higher bar and not likely to apply in this case:
R v Martin:
The defence is available only if, from an objective standpoint, the accused can be said to be acting reasonably and proportionately in order to avoid a threat of death or serious injury .
Alex Ferguson's lawyer argued that the use of the hard shoulder was as allowed so he "Got off" (By reason of accident illness or other injury)
Speeding doesn't have those same exemptions:
Genuine emergency is mitigation, in the sentencing guidelines, so could lead to a reduced penalty. To "Get off" speeding a driver has to show Necessity or duress of circumstances which is a much higher bar and not likely to apply in this case:
R v Martin:
The defence is available only if, from an objective standpoint, the accused can be said to be acting reasonably and proportionately in order to avoid a threat of death or serious injury .
Edited by Graveworm on Friday 5th April 12:55
if so do not stool for time when sending off the NIP 
The problem is that you'd probably have to go to some lengths to get your mitigating circs taken into account. I'm not sure of exactly how it would happen, but you'd have to refuse the course (if offered) and FPN and then probably plead guilty when you get a court summons and somehow submit your mitigation. You'd certainly have to do a lot of research to work out how and with the risk of getting a higher penalty in court, it won't seem worth the time.
If the NIP arrives, you could send back your mitigation with letter from doc or whomever when you identify yourself as the driver. Might have a beneficial effect. If it does happen, then you'll probably get a course, so I would stick with that if I were you!
Bert
If the NIP arrives, you could send back your mitigation with letter from doc or whomever when you identify yourself as the driver. Might have a beneficial effect. If it does happen, then you'll probably get a course, so I would stick with that if I were you!
Bert
anonymous said:
[redacted]
This I fear is true however inconvenient it might be for you. You could be a danger to others. A situation I'd hate to be in so you have my sympathy BUT.. the fact that you chose to drive in spite of such a known ailment that is likely to risk your being able to continue driving will be of no consequence.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff