Speeding mitigation plea HELP

[haywoodaaron]

Hi hoping someone can help me with this- so I got caught speeding by a speed van and I was doing 98mph on a bypass driving my van 5months ago!""

Received the NIP within the 14days and admitted it was me, heard nothing for 5months odd and thought I got away with it.........….but received a letter telling me they couldn't give a fixed penalty so I will get a SJPN...that came through first class so its all within the bloody 6 months !!!
Within this 5 months I also got caught on the m1 holding my phone in non moving traffic and received 6 points!!!!! so im definitely up for losing my liscence!"

Im going to plead guilty and also make a plea of mitigation, so would I be better actually going to court myself to meet the judge? or save everyone time and money and just send in a letter with the SJPN?

Also If anyone has any help with the letter that would be great! I am a self employed builder/maintenance contractor and 85% of the time i sub for a guy in London (I am in Bedfordshire).
I am recently split from my partner and two kids one of whom is autistic, I pick them up every other weekend and every Wednesday (they live 20mins away) and while i have the kids it enables my ex to go to work.
I need my van and tools to work, I know they don't care how it will affect me but obviously if I cant generate money I cant pay my mortgage, child maintenance etc...
So my best bet is to show how it will affect my ex partner and the kids life.

Any help would be greatly appreciated, thanks Aaron.

[des8]

What was the speed limit on the bypass?
What were road conditions/ visibility/ traffic density/ day or night?

[haywoodaaron]

The bypass is 70, but the limit for my van on that road is 60.
It was during the day in low traffic and good visibility .
I was just day dreaming about something then out the corner of my eye I saw the speed van and realised how fast was travelling ! And it was too late

[des8]

So 6 points already, and possibly another 6 in the offing which would automatically be a six month suspension, unless you can persuade the magistrates to disqualify you for that offence (between 7 and 56 days)

no matter what you do you will either receive a court date or a notice of proposed disqualification so you may as well request a date for personal attendance, and in the meantime work out a plea for mitigation (but don't drop yourself in it by pleading anything which will indicate inattention!).

Plead exceptional hardship caused to others:difficulty you will have seeing your children (if no public transport)
your ex's reliant on you to provide childcare so she can work
the difficulty finding alternative child care, especially for the autistic child if you cannot get there ( Be ready for court to ask about public transport or your ex bringing the children to you)
anyone relying on you for work..can your contractor easily replace you (Will he provide supporting letter?)
Will others lose employment if you can't work? Do you provide transport for others to site?

Finally appear contrite: apologise to the court for offending & confirm you have learnt a lesson. in other words grovel!

Your options are to persuade the court to:

• Reduce the amount of the fine / increase the length of time allowed to pay;
• Avoid a totting up ban, if the Court accepts an exceptional hardship submission; or
• Avoid a totting up ban by convincing the Justices to impose a short instant ban as a viable alternative to penalty points; or
• Avoid a penalty being endorsed by establishing special reasons (i.e. whilst you are guilty of the offence, the circumstances of the offence are such that the Court accepts a penalty should not be imposed);

[haywoodaaron]

Thanks for the help! so it will be better if I go stand in court rather than send in mitigation with the SJPN?

In the plea I can get a letter from the contractor and my ex to confirm the hardship it will cause them, I was also going to mention the points from the ban and show a picture of the phone holder and the speed limiter I now use since I was pulled?

Should I say I don't want the disqualification and the fine reduced? or will that not go down to well?

[des8]

Although you have a SJPN this will almost certainly end in court as you are likely to lose your licence either via totting up or a short ban so request a date for personal attendance.
Certainly take supporting letters with you.
Tell them you have learnt your lesson and taken active steps not to transgress again by installing phone holder and limiter.
Let them know you expect a ban,(I assume a short ban is more acceptable than a six month disqualification!) but trust they will keep it to a minimum because of the hardship it will cause others (and here are the letters to support that assertion).

..... and then hope the magistrates haven't got out of bed on the wrong side or been upset by an earlier "client"