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Pleading Guilty With Mitigating Factors

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  • Pleading Guilty With Mitigating Factors

    Hi All,
    I've been caught doing 90 in a 70, was for a couple of seconds to get out of a position that I thought was unsafe (have video evidence). Anyhow i got snapped by a Camera van, I understand it was my fault and will hold my hands up. But i work 120 Miles away from where I live and if i lose my job due to this my Partner will also be affected.

    I have 3 points on my license already and have had my license 18 months

    I'm wondering if i'll be able to ask for a mitigated sentence (a disqualification for 28 days etc instead of license revoke or something similar) I work 12 hour shifts to try and support myself and my partner and we don't have the funds to move closer (I wouldn't be doing 1.5 hour - 2 hour commute eachway everyday if i could move).

    If it is viable is there a set format for the letter/speech. I don't know which i would do yet.

    The jurisdiction is North Yorkshire
    Tags: None

  • #2
    Hi & welcome to LB.

    Tbh we tend to deal more with private parking issues.

    But these guys are the dog's whatsits at things like speeding etc
    http://forums.pepipoo.com/index.php?showforum=5

    Tell them Leagle Beagles recommended them to you.

    ostell might be able to give further info.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      The court can consider mitigation and you can ask the Magistrates to take a specific form of action - sometimes it works and sometimes it doesn't, it depends on what the bench believe is appropriate.In this case though there's very little to mitigate.

      It's very unlikely a bench would consider a discretionary ban for this level of offense as they couldn't justify it (the clerk would be advising the Magistrates in that sort of case that it would very difficult, if not impossible, to justify judicially when you only have 6pts and there's no other offence involved). 90 in a 70 is 3 pts and a Band A fine.

      Having the 6 pts you will have within the first 2 years of your license will lead to a revocation. This is a function of the DVLA and not of the courts, the courts cannot prevent the DVLA from doing so.

      North Yorks do a lot of people on the A1 - you see a lot of cases in the courts.

      Comment


      • #4
        Because it's a revocation rather than a ban, you are able to apply for a new license and book a theory & practice test straight away if your license is cancelled.

        Definitely go to pepipoo about the alleged speeding offense though.

        Comment

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