Make a Plea - will mitigation help?
Discussion
Got caught speeding by a patrol car without proper equipment and calibration. I was speeding but I definitely don't accept the speed (90mph) in the Statement of Facts - I have a speed warning set at under this as a reminder. The officers' statements have got holes in them which would support an admission of guilt but a question over the speed. I'd have believed 80mph. Clean license, no history.
The Make a Plea site shows the offence only as speeding at over 60 mph. As I will plead guilty, I am wondering if whoever looks at this will plough through all the documentation sent to me by the police? I can imagine mitigation that unpicks the police statements being seen as argumentative. If they just see speeding >60mph, an admission of guilt, and a clean license I might receive lesser punishment.
Can anyone advise what the evaluating person will see? I definitely want get an admission in (receiving the discount) but would want to cast doubt the 90mph, if that's viable, to keep within the band A sentencing.
The Make a Plea site shows the offence only as speeding at over 60 mph. As I will plead guilty, I am wondering if whoever looks at this will plough through all the documentation sent to me by the police? I can imagine mitigation that unpicks the police statements being seen as argumentative. If they just see speeding >60mph, an admission of guilt, and a clean license I might receive lesser punishment.
Can anyone advise what the evaluating person will see? I definitely want get an admission in (receiving the discount) but would want to cast doubt the 90mph, if that's viable, to keep within the band A sentencing.
Edited by GoLo on Wednesday 6th July 16:42
Edited by GoLo on Wednesday 6th July 18:42
Assuming this was in a 70, then the prescriptive sentencing for 90 is the same as 80 - i.e. 3 points, £100. If you go to court and lose, or even if you do argue the speed down to 80, you'll be looking at the same number of points and a means tested fine + victim surcharge.
Obviously if it's a lower limit then the above doesn't apply.
Obviously if it's a lower limit then the above doesn't apply.
GoLo said:
Got caught speeding by a patrol car without proper equipment and calibration. I was speeding but I definitely don't accept the speed (90mph) in the Statement of Facts - I have a speed warning set at under this as a reminder. The officers' statements have got holes in them which would support an admission of guilt but a question over the speed. I'd have believed 80mph. Clean license, no history.
The Make a Plea site shows the offence only as speeding at over 60 mph. As I will plead guilty, I am wondering if whoever looks at this will plough through all the documentation sent to me by the police? I can imagine mitigation that unpicks the police statements being seen as argumentative. If they just see speeding >60mph, an admission of guilt, and a clean license I might receive lesser punishment.
Can anyone advise what the evaluating person will see? I definitely want get an admission in (receiving the discount) but would want to cast doubt the 90mph, if that's visible, to keep within the band A sentencing.
The single magistrate will read the officers’ statements then look at your response.The Make a Plea site shows the offence only as speeding at over 60 mph. As I will plead guilty, I am wondering if whoever looks at this will plough through all the documentation sent to me by the police? I can imagine mitigation that unpicks the police statements being seen as argumentative. If they just see speeding >60mph, an admission of guilt, and a clean license I might receive lesser punishment.
Can anyone advise what the evaluating person will see? I definitely want get an admission in (receiving the discount) but would want to cast doubt the 90mph, if that's visible, to keep within the band A sentencing.
Edited by GoLo on Wednesday 6th July 16:42
Your proposed strategy is naive and likely to result in a very expensive day in court.
agtlaw said:
The single magistrate will read the officers’ statements then look at your response.
Your proposed strategy is naive and likely to result in a very expensive day in court.
Thank you. I had a feeling that was a real possibility.Your proposed strategy is naive and likely to result in a very expensive day in court.
May I ask if there is any benefit to submitting any mitigation at all?
Durzel said:
Assuming this was in a 70, then the prescriptive sentencing for 90 is the same as 80 - i.e. 3 points, £100. If you go to court and lose, or even if you do argue the speed down to 80, you'll be looking at the same number of points and a means tested fine + victim surcharge.
Obviously if it's a lower limit then the above doesn't apply.
Obviously if it's a lower limit then the above doesn't apply.
Ignore this utter garbage. OP is at the makeaplea stage. A SJPN has been issued. It isn’t a £100 fixed penalty case.
Durzel, if you don’t understand the basics then why contribute? Your ignorance doesn’t help anyone.
agtlaw said:
Durzel said:
Assuming this was in a 70, then the prescriptive sentencing for 90 is the same as 80 - i.e. 3 points, £100. If you go to court and lose, or even if you do argue the speed down to 80, you'll be looking at the same number of points and a means tested fine + victim surcharge.
Obviously if it's a lower limit then the above doesn't apply.
Obviously if it's a lower limit then the above doesn't apply.
Ignore this utter garbage. OP is at the makeaplea stage. A SJPN has been issued. It isn’t a £100 fixed penalty case.
Durzel, if you don’t understand the basics then why contribute? Your ignorance doesn’t help anyone.
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