Double flashed in 10 mins with zero points - Options?

Double flashed in 10 mins with zero points - Options?

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Bammito

Original Poster:

12 posts

155 months

Long time lurker infrequent poster,

I've received two Intention to Prosecute letters for doing 80 on the M6, both within 10 mins but from different Police forces (Warwickshire and West Midlands). I have a clean license.

I've confirmed I was the driver for both, but what I'm wondering is what the process would be for arguing it should be classed as a single trip and thus meriting only one punishment - accept the first (assuming speed awareness course) then not guilty to the second? Email both forces and ask for the later offence to be binned (in a slightly more eloquent manner)?

Thanks all

paul_c123

446 posts

6 months

Did you slow down to below 80 in between the two locatins?

Sebring440

2,597 posts

109 months

Bammito said:
I have a clean license.
You used to have a clean licence.

bus_ter

293 posts

233 months

It doesn't matter that it was a single trip. You've been done twice unfortunately.

If you're very lucky you'll get 2 courses, one from each police force, and no points.

martinbiz

3,559 posts

158 months

paul_c123 said:
Did you slow down to below 80 in between the two locatins?
Your point is?

martinbiz

3,559 posts

158 months

bus_ter said:
It doesn't matter that it was a single trip. You've been done twice unfortunately.

If you're very lucky you'll get 2 courses, one from each police force, and no points.
Wrong

E-bmw

10,725 posts

165 months

martinbiz said:
paul_c123 said:
Did you slow down to below 80 in between the two locatins?
Your point is?
I am going to guess that if you were to look at the timings & could prove that you didn't slow down in between then it could more easily be argued that it was one speeding event.

If however the timings show that you were (for argument's sake) doing 60 between them, then that would be less likely to succeed.

Just guessing.

Bammito

Original Poster:

12 posts

155 months

Cheers for responses so far.

I was sat on cruise control in pretty empty traffic so it's unlikely to have dipped down during that time.

And yes, I *used* to have a clean license - for almost 20 years! I've been relaxed about my adherence to motorway speed limits that whole time so can't feel too sorry for myself for finally getting some comeuppance

bus_ter

293 posts

233 months

martinbiz said:
Wrong
Care to elaborate on which part?

I believe two separate offences on the same journey still count as two offences, especially as they're reasonably geographically split.

2nd part, when each constabulary pulls up the license they'll see no recorded offences (3 days to process) and may pass through to the course, if he's very very lucky. They'll go through two separate booking centres at different locations. Possibly they have a system in place to catch this.

Solocle

3,752 posts

97 months

bus_ter said:
Care to elaborate on which part?

I believe two separate offences on the same journey still count as two offences, especially as they're reasonably geographically split.

2nd part, when each constabulary pulls up the license they'll see no recorded offences (3 days to process) and may pass through to the course, if he's very very lucky. They'll go through two separate booking centres at different locations. Possibly they have a system in place to catch this.
There is legislation on this matter.

Road Traffic Offenders Act 1988 § 28
Part 4 said:
Where a person is convicted (whether on the same occasion or not) of two or more offences committed on the same occasion and involving obligatory endorsement, the total number of penalty points to be attributed to them is the number or highest number that would be attributed on a conviction of one of them (so that if the convictions are on different occasions the number of penalty points to be attributed to the offences on the later occasion or occasions shall be restricted accordingly).

Part 5
In a case where (apart from this subsection) subsection (4) above would apply to two or more offences, the court may if it thinks fit determine that that subsection shall not apply to the offences (or, where three or more offences are concerned, to any one or more of them).
The issue here is that it's a matter for a court to decide.

Up to OP whether it's worth the hassle to get 3 points, as opposed to 3 points + SAC, and potentially end up with a worse outcome.

However, if the timings of the cameras indicate that it was an 80 mph cruise, it should generally count as the same occasion.

bus_ter

293 posts

233 months

Solocle said:
The issue here is that it's a matter for a court to decide.

Up to OP whether it's worth the hassle to get 3 points, as opposed to 3 points + SAC, and potentially end up with a worse outcome.

However, if the timings of the cameras indicate that it was an 80 mph cruise, it should generally count as the same occasion.
That's good news for the OP. He may still get away without any points (just doing the course as he has a clean license)

Solocle

3,752 posts

97 months

bus_ter said:
That's good news for the OP. He may still get away without any points (just doing the course as he has a clean license)
Thing is if you go to court you've refused the SAC. What it might achieve is retaining eligibility for the SAC in future, and only 1x fine.