Court summons for speeding but two mitigating circumstances

[Oxfordstone]

Hello, wondering if anyone can help.

I’ve been summoned to court for a speeding offence (driving 78 in a 40 variable speed limit on the motorway) I have the option to plead guilty or not guilty, and to choose whether I go to court or not.

On the day in question, I was driving to an emergency passport appointment as my 75 yr old father had had a stroke in Rome and I needed a passport to go over and help my mum who was stranded out there on her own. That morning, my 35 week pregnant wife had started having regular contractions and we were unsure if labour was starting. We spent the rest of the day after I got back from the appt in hospital.

I didn’t see the 40 variable speed limit and thought I was doing 78 in a 70.

I have a few questions;

I can’t afford a lawyer - is it better to choose to not go to court or attend court to make my case?

Will these mitigating factors come into play?

Does anyone know what the likely fine/penalty could be for this? I am struggling for work at the minute and have two young children and a wife on maternity leave.

I have had no other driving offences apart from maybe one speeding offence where I went to a speed awareness course about 9/10 years ago.

[Manxman]

I think you've posted in the wrong part of the forum - this is for drink driving and drug driving offences.

I'll tag echat11 to see if it can be moved

[PallasAthena]

I recommend you also post this on the Free Traffic Legal Advice site https://www.ftla.uk/ where they specialise in motoring offences.

[HandyAndy]

The recommended penalty for that speed is a fine of 1.5 week’s net income (which will be reduced by a third if you plead guilty) and either a ban of up to 56 days or six points. That is the top band of seriousness and it begins at 66mph, so you are well into the territory where a ban will be considered. Your mitigation is unlikely to see a lesser sentence and the only decision for the court will be whether to impose a ban or six points.

I assume when you say you have a “summons” what you have been sent is a “Single Justice Procedure Notice”. If you plead guilty and opt not to attend court, as the name suggests, your case will first be dealt with by a single Magistrate sitting alone (in an office rather than a courtroom) assisted by a Legal Advisor, dealing with cases “on papers” only. Nobody else can attend. If the SJ believes a ban should be considered you will not be banned by that court. Instead your case will be adjourned to a hearing in the normal Magistrates’ Court and you will be asked to attend.

My advice would be to plead guilty and ask not to attend court. You can mention your mitigation when you respond to the SJPN (there is a section for you to complete if you want to mention anything).

This way you get two bites at the cherry, secure in the knowledge that you will not be banned without having the opportunity to attend court and expand on your mitigation if necessary.

Whatever the outcome, in addition you will also pay a “victim surcharge” of 40% of the fine and costs of around £90.