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#Post#: 94265--------------------------------------------------
Need some guidance
By: Zbubuman Date: October 16, 2025, 2:31 am
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Hi All
I need some guidance following the receipt of an NIP for
speeding 27mph in a 20mph zone (speed camera). The situation is
that this was due to a genuine medical emergency. I am a type 2
diabetic and for the first time ever, I had an episode of
Hypoglycemia (dangerous low level of blood sugar). The symptoms
(cold sweat, mild tremors and lightheadedness) started as soon
as I turned into this particular road. The road is a red route
and I was at the time panicking and urgently trying to find
somewhere where I could safely pull over and get my blood sugar
back to normal. Managed to do this a few 100m down the road
where I stopped and followed NHS/DVLA guidelines ( consume
something high in sugar - wait 30 to 45 mins to ensure you are
ok and then resumed my journey).
Not sure if anyone has encountered similar cases and if this
would constitute sufficient grounds to challenge the NIP. My
concern ( apologies for having to say I read somewhere else) is
that I saw some advice stating that this could make matters
worse and the prosecutors could try to escalate to a case of
dangerous driving.
Any advice is welcome.
Kind regards
Zbubuman
#Post#: 94270--------------------------------------------------
Re: Need some guidance
By: 666 Date: October 16, 2025, 4:14 am
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You can't challenge a NIP. It's merely a notice, and you've now
been notified.
After you've named the driver, you should be offered a fixed
penalty (£100 and 3 points), and possibly the alternative of a
speed awareness course. The only way to "challenge" is to ignore
these offers, and to plead not guilty at the subsequent trial.
That is a high-risk strategy, as a guilty verdict will cost you
c.£1,000, plus a day of your time.
A question that may be asked is "Have you advised the DVLA of
your condition? You must do so if "... you get disabling
hypoglycaemia (low blood sugar) - or a medical professional has
told you that you’re at risk of developing it."
HTML https://www.gov.uk/diabetes-driving
#Post#: 94278--------------------------------------------------
Re: Need some guidance
By: NewJudge Date: October 16, 2025, 4:56 am
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If you use those circumstances to either defend he charge (by
pleading not guilty) or to mitigate it to reduce the sentence,
the court will ask itself whether it was a good idea not only to
continue driving, but to exceed the speed limit.
You could plead guilty and ask the court to consider that there
are "Special Reasons" not to endorse your licence and impose
points. My view is that they will ask themselves the same
question if faced with that request.
A course is likely to be offered if you are eligible and that or
a fixed penalty is the best offer you will get.
#Post#: 94302--------------------------------------------------
Re: Need some guidance
By: Zbubuman Date: October 16, 2025, 7:07 am
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Thank you both for your advice. DVLA are aware that I have a
medical condition and the advice is to inform them if i suffer 2
or more episodes within 1 year. To give some further background,
I have lived with the condition for 10 years and this is the
first time I had an episode. In hindsight, I did bring my own
misfortune that day. Took my insulin in the morning but was
running a tad late so skipped B'fast, thinking I will grab a
sandwich along the way. Errands got in the way and to make a
long story short, I was running on a cup of coffee until the
incident happened around 2pm.
Going forward, I am now checking my blood sugar before I drive
and make sure to also eat something, even if it is just a couple
of biscuits.
#Post#: 95436--------------------------------------------------
Re: Need some guidance
By: Mayhem007 Date: October 24, 2025, 11:59 am
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A duress of circumstances are normally only considered if you
felt your life was in danger imposed upon you by external
circumstances.
In your situation upon such a situation the court would simply
take the view that you should not have continued driving given
the circumstances of that present medical situation, as this
would be deemed to be a danger to other road users.
Sorry to hear of your medical health, which appears to occur
occasionally under circumstances when you are driving.
#Post#: 95444--------------------------------------------------
Re: Need some guidance
By: andy_foster Date: October 24, 2025, 12:26 pm
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To clarify, for circumstances to constitute a defence, as
opposed to mitigation, the accused would have to believed that
there was a real likelihood of death or serious injury to
himself or another and that breaking the law was a reasonable
way to reduce that likelihood.
Other jurisdictions have a defence of necessity - where choosing
a lesser evil can be justified, but here, it is only effectively
where you have no choice - the risk of death or serious injury
being beyond that which someone could be deemed to choose.
Whether an action was reasonable, when facing some peril, should
be assessed from the perspective of a reasonable person facing
such peril with decisions made in the heat of the moment, but
your choice to continue driving on the basis that you didn't
want to get a fine for stopping on a red route (taking a mildly
cyncial view) is not a position I would like to have to try to
defend.
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