Writing mitigation for SJPN for Speeding offense
Writing mitigation for SJPN for Speeding offense
Author
Discussion

Ali2000

Original Poster:

4 posts

40 months

Thursday 10th November 2022
quotequote all
The initial message was deleted from this topic on 21 November 2022 at 17:12

akirk

5,778 posts

137 months

Thursday 10th November 2022
quotequote all
Ali2000 said:
Hi guys, was caught on the A246 Epsom road West Clandon just under 6 months ago doing 83 mph on a 50 zone (non motorway dual carriageway). Ive been driving for just over 4.5 years and this is my first driving offense in that time.
What happened that day was: the car had an engine fault and so the day before i had left it with the mechanic. Went and picked it up, and after the repair, it was driving so well. The carriageway i was caught on was literally a minute or 2 into my journey home from the garage. I wanted to make sure it was running well under hard acceleration (as this is where the main fault was) and with the carriageway being empty, i decided to accelerate. Truthfully, i got over excited and my speed got a bit carried away. It was silly and unfortuantely was clocked at 83. No excuses for what ive done. Just looking for some advice on writing the mitigation. Anything i should say specifically? Would it be a bad idea to say i got carried away in a moment of excitement with the car being repaired? Any help would be much appreciated.
don't bother...

if you want to admit to not noticing the speed limit / getting carried away, they might choose instead to do you for dangerous driving wink
You sped / you were caught / accept it.

Alorotom

12,687 posts

210 months

Thursday 10th November 2022
quotequote all
Forgive me here but there is no mitigation, you sped, you were caught, you are guilty and you are being punished.

Its a very simple process.

I would kiss goodbye to any form of employment or business in the trade area (certainly any that would involve being behind the wheel) for a little while as well.

This infraction will impact future premiums, greatly (as it should).

normalbloke

8,484 posts

242 months

Thursday 10th November 2022
quotequote all
When you write the mitigation ( if you so choose) please spell check everything. Especially the word ‘offence’. 83 in a 50 is a little fruity, especially on cold tyres/engine/oil.

Riley Blue

22,922 posts

249 months

Thursday 10th November 2022
quotequote all
"im currently trying to start a business which would require car trade insurance which will be hard to get if i have a ban on record?"

This ^^^^^^^^^^^^ is the only mitigation worth mentioning. You may need to provide proof of it for it to be considered.

Hammy98

907 posts

115 months

Thursday 10th November 2022
quotequote all
Some useful advice here as always... rolleyes

Don't bother pleading mitigation as you don't have any mitigating circumstances. You've been on the roads for a while, your insurance isn't going to double at renewal unless you're smoking about in something which is already ridiculous to insure.

If you really want to avoid 6 points, get a solicitor to plead on your behalf. Presumably you're in your early 20s going by your username - getting a solicitor to represent you shows you're taking the matter seriously and that you have your head screwed on. Not a sure fire way, but you have a better chance of a reduced punishment than just representing yourself or not turning up at all.

I was caught at 55 in a 30 in my first year of driving and went down this route, solicitor represented me for £300. Avoided 6 points and a ban, came away with 3 points and a £200 fine.

A2000

Original Poster:

4 posts

40 months

Thursday 10th November 2022
quotequote all
Hammy98 said:
Some useful advice here as always... rolleyes

Don't bother pleading mitigation as you don't have any mitigating circumstances. You've been on the roads for a while, your insurance isn't going to double at renewal unless you're smoking about in something which is already ridiculous to insure.

If you really want to avoid 6 points, get a solicitor to plead on your behalf. Presumably you're in your early 20s going by your username - getting a solicitor to represent you shows you're taking the matter seriously and that you have your head screwed on. Not a sure fire way, but you have a better chance of a reduced punishment than just representing yourself or not turning up at all.

I was caught at 55 in a 30 in my first year of driving and went down this route, solicitor represented me for £300. Avoided 6 points and a ban, came away with 3 points and a £200 fine.
Cheers mate, really appreciate the advice. I am happy with points, just want to avoid the ban. I was going to plead guilty without attending court, so would I be better off selecting to plead guilty in court and then getting a solicitor?

I'm confused with the mitigation. If I chose to plead guilty by post, Is it not valid to highlight here that I've been driving a long time. No convictions, no accidents. Very out of character. I thought these were the few things people normally write there, or have I misunderstood?

A2000

Original Poster:

4 posts

40 months

Thursday 10th November 2022
quotequote all
normalbloke said:
When you write the mitigation ( if you so choose) please spell check everything. Especially the word ‘offence’. 83 in a 50 is a little fruity, especially on cold tyres/engine/oil.
Yes will do, cheers.

alscar

8,128 posts

236 months

Thursday 10th November 2022
quotequote all
OP ,best of luck with it but in the real world I'm not convinced that any Court would see 4.5 years as necessarily a long time !

IJWS15

2,122 posts

108 months

Thursday 10th November 2022
quotequote all
To get a solicitor to plead for you would require you to opt for a court appearance, not necessarily what you want to do. May be seen as "why has he wasted our time by coming to court to plead guilty . . . . " It also means they can ban you that day because you are there.

If handled under SJP you would plead guilty by mail and neither you, or your solicitor, are allowed to attend. If a ban is being considered they will defer to a court appearance.

davek_964

10,700 posts

198 months

Thursday 10th November 2022
quotequote all
alscar said:
OP ,best of luck with it but in the real world I'm not convinced that any Court would see 4.5 years as necessarily a long time !
+1.
4.5 years is not a 'long time' to have been driving, and if used as a defence of how out of character 83 in a 50 is, I think it would probably have the opposite effect.

T-J-C

136 posts

118 months

Thursday 10th November 2022
quotequote all
Ali2000 said:
Is it not valid to highlight here that I've been driving a long time. No convictions, no accidents. Very out of character. I thought these were the few things people normally write there, or have I misunderstood?
4 years of driving is not a long time. To most people you are an inexperienced driver. I suspect trying to use this to claim it was out of character will backfire on you.

Short Grain

3,432 posts

243 months

Thursday 10th November 2022
quotequote all
In about 2010, I got clocked at 107mph on the M62, on my way to Leeds, 7am 'ish on a Monday morning, I was thinking about resolving a problem I had with a customer's delivery, I had my own, fledgling, company back then. So I was driving on autopilot really, in an A6, and my speed just crept up. Very easy in an A6!
Spotted a car on one of the overhead bridges, looked at my Speedo, "Oh st!"
When they pulled me in and I was sat in their car, the copper said "There was actually nothing wrong with your driving Mr. Short Grain, you were just going too fast, and I'll put that in my report!" Did he fk!!
Anyway, good traffic solicitor, can't remember his name now but supposedly the best one in Hull. Cost me £500 on a 'pay up front' deal, and a new suit!
Suited and Booted, looking very contrite, very polite, "Sorry Sir / Ma'am" when spoken to. 6 points, I think a £250 fine, plus a victim surcharge! The Solicitor spoke very eloquently and played on the new company, one man band, needs his licence, he's very very sorry, etc. If I'd chosen to pay afterwards, it would have cost me over a grand eek Solicitor showed me the cost sheet afterwards!!
So, yes, Suited and Booted, and very contrite when you get to court!

agtlaw

7,289 posts

229 months

Thursday 10th November 2022
quotequote all
Short Grain said:
In about 2010, I got clocked at 107mph on the M62, on my way to Leeds, 7am 'ish on a Monday morning, I was thinking about resolving a problem I had with a customer's delivery, I had my own, fledgling, company back then. So I was driving on autopilot really, in an A6, and my speed just crept up. Very easy in an A6!
Spotted a car on one of the overhead bridges, looked at my Speedo, "Oh st!"
When they pulled me in and I was sat in their car, the copper said "There was actually nothing wrong with your driving Mr. Short Grain, you were just going too fast, and I'll put that in my report!" Did he fk!!
Anyway, good traffic solicitor, can't remember his name now but supposedly the best one in Hull. Cost me £500 on a 'pay up front' deal, and a new suit!
Suited and Booted, looking very contrite, very polite, "Sorry Sir / Ma'am" when spoken to. 6 points, I think a £250 fine, plus a victim surcharge! The Solicitor spoke very eloquently and played on the new company, one man band, needs his licence, he's very very sorry, etc. If I'd chosen to pay afterwards, it would have cost me over a grand eek Solicitor showed me the cost sheet afterwards!!
So, yes, Suited and Booted, and very contrite when you get to court!
It’s 2022. OP has received an SJPN and has, quite rightly, asked about written mitigation.

Get “suited and booted” for court is nonsense. There isn’t a court hearing. At least, not yet.

AlexRS2782

8,424 posts

236 months

Thursday 10th November 2022
quotequote all
That's the stretch of road on the way to Bell & Colvill. I regularly go through there and most times there's always someone tailgating another car through the single lane stretch waiting for the 2nd lane to open up and put their foot down.

Got to be honest I thought everyone knew not to speed in either direction on that 2 lane stretch as they've been regularly positioning camera vans down there for at least 5 or more years. Due to the lack of foliage cover the vans aren't even hidden when they're parked up so it's pretty much easy pickings for ticketing purposes for those who push on down there.

BertBert

20,907 posts

234 months

Friday 11th November 2022
quotequote all
I'm not convinced that you have any real mitigation. Going fast to test your car isn't going to be helpful I'm afraid.

If you are worried about getting a ban then you'll be called to court. If that happens you can get a solicitor to help avoid a ban.

If you are not called to court then it'll be a five and points which whilst not fun isn't going to stop you driving.

QBee

22,120 posts

167 months

Friday 11th November 2022
quotequote all
Agree with comments above, right conclusion has been reached.

Your 4.5 years driving experience, as pointed out, is not going to win you friends among those sitting in judgement if used in mitigation.
They will see it as overconfidence and another reason to try to make sure you don't do it again.
I am not involved in this process, but I passed my test 52 years ago......

BertBert has it right IMHO. And if you do get called to court, apologetic and tidy is the best way. They want to believe that you won't do it again, not that you believe it's an ok thing to do. The standard of other people's driving these days is appaling and getting worse, so you and I need to be driving the roads, especially in the overcrowded south east, with more care and dilligence, not less.

Good luck with your career choice - we have difficult times ahead.

aceofspades1

351 posts

44 months

Friday 11th November 2022
quotequote all
Agree with the above comments too.

Speeding offences are extremely hard to get out of. Extremely hard.

The only ways I can think of getting out of one is to prove there wasn't a sign to show the correct speed limit, prove you weren't driving or prove there were some extreme circumstances that mean you had to speed. For example, a gentleman I know did get out of speeding tickets when he was taking someone suicidal to hospital.

Saying you were 'testing your car' or 'have a clean record' is not going to get you out of a 55 in a 50 let alone 83 in a 50. Whether or not we agree with the speed limits it is considered to be your responsibility to know what speed you are doing and what the speed limit is at all times. Trying to argue otherwise with a court is going to insult them.

BertBert

20,907 posts

234 months

Friday 11th November 2022
quotequote all
normalbloke said:
When you write the mitigation ( if you so choose) please spell check everything. Especially the word ‘offence’. 83 in a 50 is a little fruity, especially on cold tyres/engine/oil.
Just curious, what on earth has that got to do with this?

agtlaw

7,289 posts

229 months

Friday 11th November 2022
quotequote all
aceofspades1 said:
Speeding offences are extremely hard to get out of ...
This is a thread about mitigation.