Court Summons - Help/Advice with mitigation?

[braddorrington]

Good Morning all,

I was pulled over on the 22nd April 2017 and received my NIP on the scene. I then on 22nd October 2017 received my plea options to which I plead guilty. Further to this I have received summons to attend Magistrates Court
I was caught doing 104 MPH on the A14 (70MPH limit)

I am 21 Years old and received 3 points on my license in February 2017.

Since the court summons I have sold my Fiesta ST Sports Car (1.6 Turbo 220BHP) , since downgraded to an Audi A1 (1.4 Litre 95 BHP) and I have committed myself to a Black Box insurance policy.

Now I have never written or even seen mitigation before and I was wondering if anyone could offer adjustments and or advice?

Along side the mitigation I will also have 2 character witnesses, a letter from my current employer stating it could put my job in jeopardy and 5 examples of my recent recorded drives from my Black Box, all with Very good or Good speed levels on them.


Below is what I have written so far:

Firstly I would like to apologise for my actions on the 22^nd April 2017. I understand and I am ashamed that I did not only endanger myself but in turn others due to my excessive speed.
I have now enforced a number of circumstances on my own behalf to ensure that something like this will not happen again. I have now replaced my previous sports car with a lower class alternative. I found my previous car had too much power which inevitably resulted in today’s proceedings. A momentary lapse in concentration resulted in the offence being committed proving to me that the my previous car was unsuitable. I have also committed myself into a Black Box Telematics insurance policy to ensure that I am monitored every time I get behind the wheel. Please see examples of recorded drives here.
I would also like to mention that if I was to loose my license that this would impeach onto my occupation. As the nature of my work is early mornings, late nights etc the facility of public transport is often not an option. Due to my next job role being of an higher level of management, not only have I placed my new role in jeopardy, I also need to be prepared to take on tasks at any of the company’s 5 different sites and due to the location of these 5 sites the ability to drive is also essential.
I am in no way trying to justify my actions from the date in question. I know that I committed an offence but I hope that the actions that I have taken show that I accept my error and I am trying to take any steps necessary to stop this ever happening again.]

Thank you for reading and I look forward to any advice that can be offered.

[des8]

Re: Court Summons - Help/Advice with mitigation?

Hi and welcome.

Assume you have held your licence for more than two years.


You are just within the highest speed bracket for 70mph so from memory I believe you can expect 6 points on your licence or a ban between 7-56 days.
As you are at the bottom limit I would expect points, though your age might work against you!


To prevent the loss of your licence, you need to show the implications and effect of a disqualification would go far beyond that which would normally be anticipated. The Court will automatically assume that any suspension will result in hardship and will emphasise that that is the purpose of a disqualification. However, if it can be established that the implications would go far beyond that which would be reasonable, it is feasible that the Court would accept those circumstances as being "exceptional" and sufficient to justify a punishment other than a licence suspension.
Loss of employment alone is not normally sufficient as most courts will point out you would have known the effect that a ban would have on employment before the offence was committed.

If the court consider a ban, I'm afraid my post is not of much use, unless you can persuade your employer to show a ban will impinge on the company and cause your employer and other employees difficulties.
Hardship to the offender is considered tough, but if it causes other people problems you are more likely to avoid a ban

Good luck

[braddorrington]

Re: Court Summons - Help/Advice with mitigation?

Thank you for your response.

In terms of the letter/mitigation do you think I should even mention the effect on my occupation?

Do you recon it will result in points/ban and a fine? Is there a chance of my license being revoked?

Thanks again.

[des8]

Re: Court Summons - Help/Advice with mitigation?

you can leave it in as it won't damage your position.

Regarding what happens it is impossible to guess. Could even depend on what side of the bed the magistrate gets out off!

[wales01man]

Re: Court Summons - Help/Advice with mitigation?

Hard to see stating you have changed cars and have a black box will help. You already have one conviction so a Magistrate may ask why did you not do this after that one as the speed was so far over the limit from reading court reports for years i would expect six point fine and maybe a ban sorry to say