Postal requisition for speeding - Mitigation help please!!
Discussion
Hi all. Hoping for some advice!
I was snapped at 55 in a 40 (dual carriageway). For various reasons I didn't accept the COFP from the police, and have now received a postal requisition from the magistrates court.
I accept that I'm guilty - however at the time I was driving myself to hospital and wondered what's the best way to mitigate / explain the situation to the magistrates.....
Briefly - I'd had some pretty bad pain in my abdomen for the previous 2 days or so at home, I'd gone to work and ended up coming home. So I decided enough was enough & I needed to go to the hospital to get it checked out. I thought about an ambulance but it didn't feel bad enough to justify this, and I didn't think it would affect my driving in any way, so I got in the car and headed there as it's only a ten minute journey.
Towards the end of my journey the pain suddenly ramped up a few levels and I felt I needed to get there urgently. The 60mph dual carriageway limit changes to 40mph and I was zapped inside this zone.
I have hospital discharge letters etc giving the date of my admittance - and plan to hard copy these to send with my plea - but I wondered the best way to put all this down in the mitigation box on the plea form?
In hindsight driving myself there was a silly decision that I do regret, but I didn't realise my condition would change during the journey. I guess I'm hoping there's a chance they might not endorse with any points, but instead consider the fine punishment enough. My license is currently clean.
Additional info - in the heap of paperwork from the court & police - the police camera operator has noted that
Weather conditions were "fine"
Roads "dry"
Road conditions "moderate"
Visibility "clear"
Street lighting "off" (it was during the day)
Any help with the mitigation would be great!!!
EDIT : Forgot to add that they admitted me immediately as my appendix was rupturing. Was released a few days later!
I was snapped at 55 in a 40 (dual carriageway). For various reasons I didn't accept the COFP from the police, and have now received a postal requisition from the magistrates court.
I accept that I'm guilty - however at the time I was driving myself to hospital and wondered what's the best way to mitigate / explain the situation to the magistrates.....
Briefly - I'd had some pretty bad pain in my abdomen for the previous 2 days or so at home, I'd gone to work and ended up coming home. So I decided enough was enough & I needed to go to the hospital to get it checked out. I thought about an ambulance but it didn't feel bad enough to justify this, and I didn't think it would affect my driving in any way, so I got in the car and headed there as it's only a ten minute journey.
Towards the end of my journey the pain suddenly ramped up a few levels and I felt I needed to get there urgently. The 60mph dual carriageway limit changes to 40mph and I was zapped inside this zone.
I have hospital discharge letters etc giving the date of my admittance - and plan to hard copy these to send with my plea - but I wondered the best way to put all this down in the mitigation box on the plea form?
In hindsight driving myself there was a silly decision that I do regret, but I didn't realise my condition would change during the journey. I guess I'm hoping there's a chance they might not endorse with any points, but instead consider the fine punishment enough. My license is currently clean.
Additional info - in the heap of paperwork from the court & police - the police camera operator has noted that
Weather conditions were "fine"
Roads "dry"
Road conditions "moderate"
Visibility "clear"
Street lighting "off" (it was during the day)
Any help with the mitigation would be great!!!
EDIT : Forgot to add that they admitted me immediately as my appendix was rupturing. Was released a few days later!
Edited by carpmaster on Friday 10th October 16:28
LoonR1 said:
You had a ruptured appendix and you're flapping about a speeding offence?
On a related note I can't see that confessing to driving in an unfit state is likely to do you any favours either.
Ha! Fully recovered now & it's not something I'd wish on anyone! Off topic, but it was made worse by the fact that I have a strange genetic condition that means my internal organs are all reversed. So the appendix wasn't where it "should" be. Hence so many scans that I lost count, and the thing deciding it couldn't wait & rupturing. Hats off to the surgeons though - they did a great job.On a related note I can't see that confessing to driving in an unfit state is likely to do you any favours either.
I did wonder whether I should enter this mitigating plea at all - for the reasons you state. I just feel like it's information they should be aware of when deciding my fate i.e. I didn't just blaze through the speed check because I wanted to get home in time for supper. There was a genuine emergency from my point of view - albeit I didn't know exactly what it was at the time. It wasn't that bad when I set off and had been that way for the past few days. Hence electing to drive.
How do they know you started from home 
? You were driving home when a mild pain that you had turned nasty. Rather than go home and call an ambulance you decided to head straight for hospital as fast as safe to do. Just check there's no ANPR on your real route 
More realistically don't mention your start location. You were driving with a mild stomach pain which worsened. You then headed for the hospital.
? You were driving home when a mild pain that you had turned nasty. Rather than go home and call an ambulance you decided to head straight for hospital as fast as safe to do. Just check there's no ANPR on your real route More realistically don't mention your start location. You were driving with a mild stomach pain which worsened. You then headed for the hospital.
Potential "special reasons" argument?
"There is no question but that an emergency created by something such as a hypoglycaemic attack can create a state of affairs which may result in special reasons being properly found as a result of something that otherwise might be a contravention of the law. That is a possibility. The question will always be whether, on the facts of a particular case, the individual defendant establishes, so that the court can find in his favour, that his actions were entirely reasonable, or were dictated by the emergency which came into existence."
Warring Davies v DPP [2009] EWHC 1172.
If you're simply pleading guilty by post then don't use the postage stamp size mitigation box. Put "Please see attached" in the mitigation box and write it out separately.
"There is no question but that an emergency created by something such as a hypoglycaemic attack can create a state of affairs which may result in special reasons being properly found as a result of something that otherwise might be a contravention of the law. That is a possibility. The question will always be whether, on the facts of a particular case, the individual defendant establishes, so that the court can find in his favour, that his actions were entirely reasonable, or were dictated by the emergency which came into existence."
Warring Davies v DPP [2009] EWHC 1172.
Edited by agtlaw on Friday 10th October 17:46
If you're simply pleading guilty by post then don't use the postage stamp size mitigation box. Put "Please see attached" in the mitigation box and write it out separately.
Edited by agtlaw on Friday 10th October 18:05
I cant imagine you'll be judged any mire harshly for driving yourself to a hospital when you were suffering from what you thought was just a stomach ache.
I felt guilty when the Missus called an ambulance for me when I started suffering a sharp pain in my abdomen. Even when the ambulance crew arrived and checked me out, I told them I would be fine and they could go. They insisted I come with them since they were already here.
Turns out I had suffered a pulmonary embolism and there were several clots in my lungs.
I would have asked the missus to drive me there but I'd never let her anywhere near my car!
I felt guilty when the Missus called an ambulance for me when I started suffering a sharp pain in my abdomen. Even when the ambulance crew arrived and checked me out, I told them I would be fine and they could go. They insisted I come with them since they were already here.
Turns out I had suffered a pulmonary embolism and there were several clots in my lungs.
I would have asked the missus to drive me there but I'd never let her anywhere near my car!
I would suggest turning up in person (and suited and booted) to make the point that you are taking this seriously, to bring life to your defence (written mitigation is read out in more-or-less a monotone, you can do far better than that in person ) and to answer their questions.
It's a pretty incredible story (in the best possible way
) and I don't think it will come across in writing (I believe you, by the way, but the mags may not if it's just read out 
).
Others have advised and will advise re: pleading guilty and asking for a conditional discharge or exceptional reasons not to endorse etc...
) and to answer their questions.It's a pretty incredible story (in the best possible way
) and I don't think it will come across in writing (I believe you, by the way, but the mags may not if it's just read out ). Others have advised and will advise re: pleading guilty and asking for a conditional discharge or exceptional reasons not to endorse etc...
V8RX7 said:
speedking31 said:
You were driving home when a mild pain that you had turned nasty. Rather than go home and call an ambulance you decided to head straight for hospital as fast as safe to do
^^^ThisR0G said:
Is it written in the HC that if not feeling well that you should not drive at all?
I believe the reason for that is so you do not chance hurting yourself or others whilst driving a vehicle
Taxi or ambulance would have been my choice
Thats not realistic. OP had a bad tummy ache, so thought he would drive to Hospital. Enroute it suddenly got a lot worse. What would you do? I'd go a bit faster, being realistic.I believe the reason for that is so you do not chance hurting yourself or others whilst driving a vehicle
Taxi or ambulance would have been my choice
Bloody hell, Alex Ferguson got off a speeder cos he wanted an underpant threatening poo!
I would go to the court. I would dress smartly and be well spoken. Then explain to the magistrates exactly what happened and explain that you felt it was urgent as the pain was worsening and that you were not mistakes as you had an appendix about to rupture. You have the irrefutable evidence of this.
Apologise to the court and ask then to be lenient if they feel that appropriate. Say that you did what you did in good faith although it has now caused you a further problem and a lot of personal embarrassment.
Apologise to the court and ask then to be lenient if they feel that appropriate. Say that you did what you did in good faith although it has now caused you a further problem and a lot of personal embarrassment.
Cooperman said:
I would go to the court. I would dress smartly and be well spoken. Then explain to the magistrates exactly what happened and explain that you felt it was urgent as the pain was worsening and that you were not mistakes as you had an appendix about to rupture. You have the irrefutable evidence of this.
Apologise to the court and ask then to be lenient if they feel that appropriate. Say that you did what you did in good faith although it has now caused you a further problem and a lot of personal embarrassment.
Absent special reasons 55/40 is a band A fine and 3 points. Unless to argue SR then I can't see the point of turning up. Apologise to the court and ask then to be lenient if they feel that appropriate. Say that you did what you did in good faith although it has now caused you a further problem and a lot of personal embarrassment.
Two elements to this. As you set off, you could have called ambulance, someone else etc. so no medical emergency at that time and I would quickly skirt past this bit without too much detail. You felt poor but ok to drive. Any suggestion that you expected it to get worse and court will expect you to phone ambulance first etc.
Now, if as the worsening came as a complete surprise to you, then now we are looking towards possible medical emergency. Court should focus on your perception, so need not be an actual emergency, and if that was a reasonable perception. Don't get too medical unless you are medically qualified. Get as much medical evidence as you can from the hospital, including diagnosis and that you were kept in and for how long. Don't use the box on the form, take as much space as it needs by enclosing a letter explanation. Most courts will deal with these by special reasons hearings, not at pleading diet so expect to have to go to court anyway. So on that basis go to the pleading diet and plead in person, but with a letter so judge doesn't need to take notes. Tell CPS in advance and let them see paperwork, don't just give it to court. SO either post a copy to them in advance, so approach them on the day with a copy as soon as you get there - they might read it over before your case calls and agree it. If they agree in advance, then no points. If they don't then you will have a hearing.
In cases like these I would steer you towards getting a lawyer, but it's not mandatory. Probably cost you £500, but how much would points cost you if you do it badly ?
Good luck
Now, if as the worsening came as a complete surprise to you, then now we are looking towards possible medical emergency. Court should focus on your perception, so need not be an actual emergency, and if that was a reasonable perception. Don't get too medical unless you are medically qualified. Get as much medical evidence as you can from the hospital, including diagnosis and that you were kept in and for how long. Don't use the box on the form, take as much space as it needs by enclosing a letter explanation. Most courts will deal with these by special reasons hearings, not at pleading diet so expect to have to go to court anyway. So on that basis go to the pleading diet and plead in person, but with a letter so judge doesn't need to take notes. Tell CPS in advance and let them see paperwork, don't just give it to court. SO either post a copy to them in advance, so approach them on the day with a copy as soon as you get there - they might read it over before your case calls and agree it. If they agree in advance, then no points. If they don't then you will have a hearing.
In cases like these I would steer you towards getting a lawyer, but it's not mandatory. Probably cost you £500, but how much would points cost you if you do it badly ?
Good luck
andygo said:
R0G said:
Is it written in the HC that if not feeling well that you should not drive at all?
I believe the reason for that is so you do not chance hurting yourself or others whilst driving a vehicle
Taxi or ambulance would have been my choice
Thats not realistic. OP had a bad tummy ache, so thought he would drive to Hospital. Enroute it suddenly got a lot worse. What would you do? I'd go a bit faster, being realistic.I believe the reason for that is so you do not chance hurting yourself or others whilst driving a vehicle
Taxi or ambulance would have been my choice
R0G said:
andygo said:
R0G said:
Is it written in the HC that if not feeling well that you should not drive at all?
I believe the reason for that is so you do not chance hurting yourself or others whilst driving a vehicle
Taxi or ambulance would have been my choice
Thats not realistic. OP had a bad tummy ache, so thought he would drive to Hospital. Enroute it suddenly got a lot worse. What would you do? I'd go a bit faster, being realistic.I believe the reason for that is so you do not chance hurting yourself or others whilst driving a vehicle
Taxi or ambulance would have been my choice
bobthebench said:
So on that basis go to the pleading diet and plead in person, but with a letter so judge doesn't need to take notes. Tell CPS in advance and let them see paperwork, don't just give it to court.
My curiosity is piqued. Why have you quoted different legal systems? Surely it's either hearing and CPS (E&W) or diet and PF (Scotland). Also a summary speeding offence in E&W would be tried before a magistrate rather than a judge. In Scotland it would be a JP.Just to update this thread - I pleaded (pled?) guilty by post and attached a letter of mitigation asking if they would consider a fine but no endorsement due to exceptional circumstances. Also attached proof from hospital of date / time / surgery involved etc.
Got a letter back saying if I want to plead exceptional circumstances then I must attend court - and thus they have rescheduled the court date for me in December.
Suit and tie the most appropriate attire?
Got a letter back saying if I want to plead exceptional circumstances then I must attend court - and thus they have rescheduled the court date for me in December.
Suit and tie the most appropriate attire?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff