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DIR Return to: Speeding and other criminal offences
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#Post#: 114427--------------------------------------------------
SJP for 73 in a temp 30 zone
DIR By: salama
Date: March 25, 2026, 9:45 pm
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The Situation
My wife has just received a Single Justice Procedure Notice
(SJPN) for a significant speeding offence. We are trying to
determine the best approach for her plea and mitigation. The
speed was extremely high compared to the 30mph limit stated by
the police, so we are very concerned about an immediate driving
ban.
Case Details (from the Police Witness Statement)
- Normal Limit: National Speed Limit 70 miles per hour (Dual
Carriageway).
- Temporary Limit: 30mph (due to roadworks, though no active
work was taking place).
- Recorded Speed: 73mph, measured by handheld laser.
- Officer's Notes: The officer states my wife passed six large
road traffic signs displaying 30mph. When stopped, she admitted
she didn't see the signs or know the limit was in place.
Her Personal Circumstances
- She has held a perfectly clean driving licence for ten years.
- Crucially, she is an Approved Driving Instructor (ADI).
The Signage, Our Evidence & The "Familiarity" Factor
- At the time of the offence, the temporary signage was
incredibly confusing. Several local community and Facebook
groups had been actively complaining about it.
- Photographic Evidence: We have photos from the actual day
showing that some signs were completely empty and signs on the
opposite side of the road displayed 50mph. Following public
complaints, the council increased the limit to 40mph a few days
later. Currently, the road is a confusing mix of 40mph and 50mph
signs.
- The Route: The incident happened less than a mile from our
home, on a dual carriageway she drives regularly. She was
entirely used to the National Speed Limit structure. Due to
extreme familiarity, she did not register the temporary changes
quickly enough.
Our Dilemma & Questions for the Forum
We plan for her to plead guilty, but we have spoken to a few
solicitors and received conflicting advice:
- Solicitor 1: Plead not guilty first to test the waters, then
switch to guilty later.
- Solicitor 2: Don't use a lawyer, draft it yourself, and just
"make up a reason" to soften it.
- Solicitor 3: Plead guilty, request a mitigation hearing, but
leave the written mitigation on the SJP completely blank for now
and wait for court.
- Solicitor 4: Plead guilty now and figure out the statements
later.
Questions:
- Plea Strategy: One solicitor advised pleading guilty and
requesting a court hearing, but submitting no written mitigation
on the SJPN, waiting instead to present it in person to avoid a
single magistrate banning her behind closed doors. Is this the
best strategy?
- Using the Photographic Evidence: Will our photos proving the
signs were blank/displaying 50mph help mitigate the offence? We
know 73mph is still speeding even in a 50mph zone, but could
this evidence convince the magistrates to sentence her based on
a higher speed limit band, thereby reducing the severity of the
penalty? Should this be argued as a formal 'Special Reasons'
matter?
- The 'Autopilot' Factor: Is it wise to mention that the road
was less than a mile from home and her extreme familiarity
caused her to miss the temporary changes? Or will admitting to
'driving on autopilot' completely undermine her status as a
professional driving instructor in the eyes of the magistrates?
- Legal Representation: Given the speed, is it essential that we
hire a specialist motoring solicitor to present this evidence at
a hearing, or can we present the photographs and mitigation
statement ourselves to persuade them towards points instead of a
ban?
P.S.
On a personal note, I just want to add that she is an incredibly
sensible driver. In all the years I have known her, I have never
once seen her exceed the speed limit. Ironically, she is usually
the one nagging me if I creep a few miles above the limit.
Thanks,
Ibrahim
#Post#: 114429--------------------------------------------------
Re: SJP for 73 in a temp 30 zone
DIR By: 666
Date: March 26, 2026, 2:00 am
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Two observations.
1. A single mag cannot impose a ban "behind closed door". A
lawyer should know this.
2. The fact that she is a "professional" driver is an
aggravating factor, not a mitigating one. Do not mention it.
#Post#: 114446--------------------------------------------------
Re: SJP for 73 in a temp 30 zone
DIR By: andy_foster
Date: March 26, 2026, 6:08 am
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On the face of it, for 73 in a 30, the question is not whether
she will be banned, but how long she will be banned for. Under
the current Magistrates' sentencing guidelines, Band C (7-56 day
ban OR 6 points) applies to 51+ in a 30 limit. Under the
previous guidelines, the equivalent band was for 51-60, with
anything over that beyond beyond the guidelines. The current
guidelines also state that for speeds grossly in excess of the
limit, a ban exceeding 56 days should be considered.
Your post is one of the best formatted posts we have seen on
this forum. If it had contained any useful information, it would
have been easy to access.
The first question would generally be whether there is a viable
defence. You indicate that there was an issue with the signage.
Is there a compliant system of street lighting (lamp posts no
more than 183m apart)? What signs were there? How were the 50mph
signs on the other side of the dual carriageway visible? Can you
evidence what was there?
As regards mitigation if there is no viable defence, the hive
mind is generally of the view that absent a genuine emergency,
there is very little that can be effective mitigation for
speeding. I am generally of the view that the hive mind often
does not fully understand the question.
The issue is that sentencing for speeding is generally very
prescriptive - paint by numbers, presumably stemming largely
from an assumption that the greater the speed above the
prevailing limit, the greater the danger posed, and to a lesser
extent, the greater the level of criminality or disregard for
the law.
If she has no defence, she has no excuse for breaking the law.
Any mitigation should be phrased on the basis that she fully
accepts that she broke the law and has no excuse for breaking
the law, but respectfully invites to consider whether in light
of the following <the mitigation> (which does not excuse what
she has done), the true seriousness of her criminality is
reflected by the numbers - which taken in a vacuum, 73 in a 30
limit paints an exceptionally frightening picture...
If she is seen to argue that it's ok to speed through roadworks
when there invariably are no roadworkers to protect, that will
not help her cause. What she needs to get across is that there
is a very material difference between the circumstances of her
crime and that which 73 in a 30 taken in isolation would
suggest.
#Post#: 114454--------------------------------------------------
Re: SJP for 73 in a temp 30 zone
DIR By: NewJudge
Date: March 26, 2026, 6:37 am
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Unless the Single Justice decides to impose six points (which I
believe is extremely unlikely) the matter will be heard in court
and your wife will be asked to attend.
She needs to decide whether she is simply going to plead guilty
unconditionally, or do so “on the basis” that the 30mph limit
was not adequately signed and that as a result she believed the
limit to be something else. In those circumstances the court
will have to decide whether their sentence is likely to be
significantly different depending on which version of events is
used for sentencing.
As you realise, 73mph in a 30 limit will attract a much more
severe penalty than that same speed in a 50mph limit and I’m
fairly certain the court will answer that question in the
affirmative. If they do they will order what is called a “Newton
Hearing” where he police and she will be asked to give evidence
concerning the adequacy of the signage. They will then decide
which version to accept.
If she is going to plead guilty unconditionally she might as
well do so directly in response to the SJPN, As above (and
contrary to the advice from one of your solicitors) the SJ will
not impose a ban but put the matter over for a hearing in the
normal Magistrate’s’ Court.
If she is going to offer a “basis of plea” she can state this in
her response, but that will simply result in a court hearing.
I have to say that some of the advice you have received does not
inspire much confidence. I’m not quite sure what Solicitor 1
means by pleading Not Guilty to “test the water”. The only
waters that will be tested in those circumstances is the amount
of discount she will be afforded for her guilty plea. The later
that is entered, the lower it will be.
#Post#: 114468--------------------------------------------------
Re: SJP for 73 in a temp 30 zone
DIR By: ManxTom
Date: March 26, 2026, 8:48 am
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Can you share your photos so others can assess how well (or how
badly) they communicate the temporary speed limit?
#Post#: 114686--------------------------------------------------
Re: SJP for 73 in a temp 30 zone
DIR By: davidmcn
Date: March 28, 2026, 6:27 am
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Has anybody checked that there was a Traffic Regulation Order in
place for the temporary limit?
#Post#: 114869--------------------------------------------------
Re: SJP for 73 in a temp 30 zone
DIR By: roythebus
Date: March 30, 2026, 3:00 pm
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GSV and location would be helpful.
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