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#Post#: 10823--------------------------------------------------
Help needed with upcoming magistrates appearance for speeding.
DIR By: learnt_my_lesson
Date: November 21, 2023, 8:17 am
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Hello. Any help appreciated.
I' in England
Full disclosure before I present my plea:
I have been charged with and pleaded guilty (with
mitigating/special circumstances) of speeding at 84mph in a
variable limit zone of 50mph on M25 at 01:21 on 15/112022.
Okay, here goes details of the plea I plan to present:
In my responding to the single justice procedure pack/offence I
have provided a plea guilty, with details that I received a call
at roughly 11pm on 14/11/2022 that my late Father in law had
been placed in emergency state and was hours from passing away.
My FIL had been discharged from hospital on the 10/11/2022, for
treatment of hyperkalemia. My wife and I had spent time in
Brighton with him and decided to go home to Derbyshire on night
of Sunday 11/11/22, to get rest and return to work, as the
hospital team stated he would be looked after. We were told he
would not recover fully but had at least 2-3 months of hospice
care. We were in a state of shock throughout as we processed the
news of his condition.
On received the phone call, we rushed to pack and make
arrangements with neighbours to look after house and pets etc,
then commenced journey to Brighton from Chesterfield.
My case is that I momentarily sped on the stretch where I was
flashed due to the traumatic nature of the event. It was 01:41
in the morning, I was the only car on the road, clear weather
with no rain or spray and we were being pressured to get to the
bedside of my father asap. My wife was flooded with tears and I
was doing my best to drive safely and effectively.
I must add that I had 3 points previously (now lapsed) from
August 2020, not important but I was being tailgated/flashed on
a single lane A road at 11:30 pm and panicked.
Since then I have made every step to improve my driving and not
offended at all. I am a professional Bus and Coach Driver
(currently not working in that field in case I am disqualified)
and make sure to drive with care. I emphasised my remorse of
speeding on that night and stated that I usually initiate the in
built speed restriction device in my car on motorways, but due
to the stress I forgot to do so that night.
The FIL did not pass that evening but we were by his side 24
hours a day untill his passing on 23/11/22. I have submitted
death certificate, hospital reports and hospice
admittance/medical admin forms with my plea.
I have also prepared a financial statement as the traumatic
experience surrounding his death triggered a gambling addiction,
where I went on to rack up £20k debt between November and
February. I cannot quantify this was a direct result of the
experience but it coincided.
I have taken steps to repay the debt and am actively engaged in
recovery through counselling, peeer support and receive clinical
medication from my GP.
The magistrates have stated disqualification is a distinct
possibility. I am hoping my case can at least sway them to
reduce any ban period or at the best impose 6 points, but I am
unsure if it is wise to approach in this manner?
Please could any of you help me prepare? I cannot afford legal
advice owing to the debt.
Thanks in advance for anything of offer!
TLDR: Looking for advice to present mitigating/special
circumstances alongside a guilty plea to excessive speeding.
#Post#: 10824--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: 666
Date: November 21, 2023, 8:48 am
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I have every sympathy with your predicament, as I'm sure the
magistrates also will.
However, you say "We were in a state of shock throughout ...",
"... we were being pressured ...", "...I was doing my best to
drive safely and effectively." and "due to the stress I forgot
...".
The obvious question arising from all of that is whether you
should have been driving at all.
You need to be very careful lest what you think is mitigation is
really an aggravating factor.
Maybe best to confine yourself to a sincere apology for a
momentary lapse.
#Post#: 10825--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: learnt_my_lesson
Date: November 21, 2023, 8:52 am
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Thank you.
Great point, Yes I will ensure I don't waffle and keep it blunt
to the apology.
Should I refrain from mentioning about years driving without
incident?
Thanks again
#Post#: 10829--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: 666
Date: November 21, 2023, 9:33 am
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--- Quote from: learnt_my_lesson link ---
>
>
>
> Should I refrain from mentioning about years driving without
incident?
>
>
>
--- End Quote ---
Were those the years before or after your three points?
I'd refrain, it would make no difference anyway!
#Post#: 10830--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: guest46
Date: November 21, 2023, 11:28 am
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You 'momentarily' sped in the one stretch that had a reduced
motorway limit Be honest - would you believe that? I.e. that
someone drove at/below the limit for the remainderof the journey
at all, let alone with all the angst you have already
referenced.
I fear this won't end well - even a basic fine will be plus
considerable costs What are you hoping as an outcome, as it's
vanishingly unlikely to be less than £100 (probably more) plus
victim surcharge and c£600 costs?..............
#Post#: 10831--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: Southpaw82
Date: November 21, 2023, 11:33 am
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--- Quote from: M60NJP link ---
> I fear this won't end well - even a basic fine will be plus
considerable costs What are you hoping as an outcome, as it's
vanishingly unlikely to be less than £100 (probably more) plus
victim surcharge and c£600 costs?..............
>
--- End Quote ---
Costs of £600 on a guilty plea?
#Post#: 10833--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: guest46
Date: November 21, 2023, 11:54 am
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Do they not apply costs if the plea is immersed in appeal points
which are deemed vexatious?
#Post#: 10835--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: Southpaw82
Date: November 21, 2023, 12:19 pm
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--- Quote from: M60NJP link ---
>
> Do they not apply costs if the plea is immersed in appeal
points which are deemed vexatious?
>
--- End Quote ---
You’re going to have to run that one by me again. So far as I
can tell, the OP is pleading guilty and presenting mitigation
(which may be good or bad). I’m not sure where you’re coming
from in relation to any appeal points or indeed vexatious ones.
#Post#: 10841--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: andy_foster
Date: November 21, 2023, 2:30 pm
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The gist of M60NJP's point is that the OP is foolish for trying
to mitigate this in court rather than accept the fixed penalty
(which was never and would never have been offered for 84 in a
50 limit). If we overlook the point that no such offer was made
or would ever have been made, the point about going to court in
the hope of getting a less harsh penalty than a fixed penalty
would generally be arguable - albeit utterly irrelevant in this
case.
Some posters do not have the luxury of having enough time (or
attention span) to both read the OP's post(s) and offer their
sage advice.
#Post#: 10883--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: The Rookie
Date: November 22, 2023, 2:07 am
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--- Quote from: M60NJP link ---
>
> appeal points
>
--- End Quote ---
He's not even been convicted and you're talking about appeals
already?
Or did you actually mean mitigation points, or even factors a
court should take into account when sentencing?
Given that 84/50 was always going to result in a full court
hearing to consider a disqualification I'm not sure how the OP
contributed (beyond the original speeding) to there now being a
full court hearing, perhaps you can educate us on that?
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