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DIR Return to: Speeding and other criminal offences
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#Post#: 47557--------------------------------------------------
Speeding fine query
DIR By: Anglepoise123
Date: November 29, 2024, 6:48 am
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Hi,
I received a NIP for doing 85 in a 70 on the M1.
I was hurrying to see my elderly mother before she died.
I made it just in time, she died that day.
The death certificate supports that.
Might I be able to appeal?
Thanks
#Post#: 47558--------------------------------------------------
Re: Speeding fine query
DIR By: 666
Date: November 29, 2024, 7:04 am
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Sorry to hear of your loss.
There's nothing to appeal at this stage. You need to respond
naming yourself as driver.
For that speed the police will offer a speed awareness course
(if you're eligible) or a fixed penalty* (£100 and three
points).
If you refuse or ignore those options, you'll have your day in
court, where you might meet a sympathetic bench of magistrates.
The downside risk is that if you don't you'll get a higher fine,
surcharge and costs - nearer £1,000 than £100.
I'd be inclined not to risk it.
* = unless you already have 9 points or more.
#Post#: 47559--------------------------------------------------
Re: Speeding fine query
DIR By: andy_foster
Date: November 29, 2024, 7:17 am
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You could ask the sausage machine (police Central Ticket Office)
to show leniency due to the extenuating circumstances.
If that fails, for up to 86 in a 70 limit (10% +9mph), you
should be offered a Speed Awareness Course (if caught in England
& Wales) if you haven't done one for an offence committed in the
3 years previous to the current one.
Or an offer of a fixed penalty (for up to 95 in a 70) if you do
not qualify for an SAC, or do not take one if offered.
Your circumstances do not constitute a defence for speeding, but
might constitute Special Reasons Not to Endorse - mitigation
relating to the commission of the offence, which is not a
defence, but is sufficiently compelling to justify not endorsing
your licence. This would be an argument you would run in court,
having declined/refused any out of court settlement.
I would characterise SRNtE as a reason for comitting the offence
that the bench themselves would admit to being likely to result
in them doing the same. Personally, I would take the view that
anyone who wouldn't exceed the speed limit to say goodbye to the
dying mother on their death bed, assuming that it was safe to do
so, had something wrong with them. That said, without knowing
the road/traffic conditions, I would be minded to question
whether you were urgently trying to get their as fast as was
safe to do so, or whether you merely had more pressing things on
your mind than the speed limit. N.B. The bench on the day might
not see things as clearly as I do.
#Post#: 47829--------------------------------------------------
Re: Speeding fine query
DIR By: Anglepoise123
Date: December 2, 2024, 4:09 am
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Thank you for the advice.
I think I'll take the points and take the speed awareness
course.
Less risky!
#Post#: 47835--------------------------------------------------
Re: Speeding fine query
DIR By: NewJudge
Date: December 2, 2024, 4:43 am
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It won't be both. Either one or the other. Taking the course
does not involve points.
#Post#: 47857--------------------------------------------------
Re: Speeding fine query
DIR By: PallasAthena
Date: December 2, 2024, 6:55 am
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If you take the Speed Awareness Course (for which you pay about
£90, 3 hours online via Zoom) there are no points, no fine and
it's not a conviction and (usually***) it doesn't have to be
declared to your insurers so won't affect your premium. And the
course (I speak from recent experience here!) is actually quite
interesting and informative. So if offered the course option
take it is my advice.
*** only needs to be declared if the insurer expressly specifies
that speed awareness course must be disclosed. Most don't and
only require convictions endorsements or fixed penalties to be
disclosed
#Post#: 48192--------------------------------------------------
Re: Speeding fine query
DIR By: speedfighter23
Date: December 4, 2024, 2:49 am
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I would return driver details as required and attach a letter
and the death certificate explaining things.
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