Speeding - likely outcome and Mitigating circumstances help

[Gashead1883]

Hi, I’m just after a bit of advice regarding a speeding summons.

I was pinged at 99mph by a hand held device on the M6 Toll road back in April. The statement of facts from the officer state that I was travelling in lane 1 but no other information

I intend to plead guilty by post but was wondering if anybody could advise on likely outcome and what to put in mitigating circumstances from the below.

- road was clear (hence being in lane 1)
- 1100am on a bright day and road was dry
- I have held a license for 18 years with no recorded driving penalties
- Have a HGV license.
- Have completed advanced driving courses.
- I require a license for my job
- I am a single parent to a child with special educational needs to be transported to school.

Would it be ok to add all the above in my mitigating circumstances in the hope to avoid a ban?

any ideas what the likely outcome may be?

[islandgirl]

Here are the guidelines. No previous convictions is a mitigating circumstance. Road conditions etc are not but by all means list whatever you wish. If the court was minded to ban you you can plead exceptional circumstances and have a hearing and ask for your job and child to be considered - you would have to bring proof. That would be most likely to happen if you would have 12 points when the 4 or 6 for this offence were added. You say you have no points already? If not probably fine and points more likely

https://www.sentencingcouncil.org.uk...-revised-2017/

[Gashead1883]

Thanks for the reply, yes no points. I have also noted that the chief constable of west midland police (the prosecutor) was clocked at 103 on the same road and received points and a fine. Would it be wise to mention this or just wait out and appeal using this as a case study should I receive a ban?

[islandgirl]

I do not see how it is linked. Look at the mitigating circumstances on the guidelines and major on those. Add any other facts you think relevant relating to your driving record. Explain that a ban, even a short one, would lead to job loss (if it would) and difficulty re your child. As I say it is most likely that you will get points and a fine but nothing is ever certain!

[HandyAndy]

99mph is too fast for a fixed penalty. They are only offered up to 95mph. You will almost certainly have six points imposed for that offence - a ban is most unlikely.

Unless you ask for a court hearing your case will be heard under the "Single Justice Procedure" at a hearing which you cannot attend. If the "Single Justice" believes a ban should be considered (which I suggest is unlikely) the matter will be adjourned to a hearing in the normal Magistrates' Court and you will be invited to attend to explain what difficulties a ban will cause you. Strictly speaking you have no right to argue that hardship will follow from a ban for a single offence (that is only available for "totting up" bans) but the court will listen to anything you have to say. You will not be banned in your absence without having first been given the opportunity to attend court.

As far as your "mitigating circumstances" go, the following actually aggravate the matter and you should not raise them in mitigation:

- road was clear (hence being in lane 1)
- 1100am on a bright day and road was dry

Poor conditions aggravate an offence; good conditions do not mitigate one. The court will think that you believe it is OK to tank it provided you think the conditions allow it.

- Have completed advanced driving courses.

Completing such a course does not help you. Once again, the court will believe you think you're driving is better than the average, so it's OK for you to speed.

- Have a HGV license.
- I require a license for my job
- I am a single parent to a child with special educational needs to be transported to school.

Three very good reasons why you should not speed. They may help you avoid a ban and you can raise them if one is considered, but they do not mitigate your speeding.

- I have held a license for 18 years with no recorded driving penalties

The court will know that you have a clean driving record before sentencing you.

In all honesty there is rarely anything that will mitigate a speeding offence and nothing you have mentioned does so. Best to keep to "an uncharacteristic moment of poor attention to my speed. Won't happen again, etc."

How other people - including the Chief Constable of West Midlands - are sentenced has no bearing on your matter and should not be mentioned. As it happens 103mph is most usually dealt with by way of six points.