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speeding ticket for emergency doctor call out

My GP husband was clocked by a mobile camera unit for doing 39 in a 30 limit whilst on his way to urgently visit a sick patient, having left his surgery to do so.
Is there any point in his writing a letter of appeal to the magistrate to explain this in the hope of not getting the 3 points on his otherwise clean licence?
Thanks very much.
Sally
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Comments

  • sturll
    sturll Posts: 2,582 Forumite
    1,000 Posts Combo Breaker
    salthepal wrote: »
    My GP husband was clocked by a mobile camera unit for doing 39 in a 30 limit whilst on his way to urgently visit a sick patient, having left his surgery to do so.
    Is there any point in his writing a letter of appeal to the magistrate to explain this in the hope of not getting the 3 points on his otherwise clean licence?
    Thanks very much.
    Sally

    Surely he would have had the legalities of speeding made clear to him? Particularly in regards to attending sick patients.

    If indeed it was illegal for him to be speeding it may still be worth writing a letter of appeal if at least to do so on ethical and moral grounds.

    Best of luck.
  • bargepole
    bargepole Posts: 3,236 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    salthepal wrote: »
    Is there any point in his writing a letter of appeal to the magistrate to explain this in the hope of not getting the 3 points on his otherwise clean licence?
    He can only "appeal" once he's been convicted by a Court. Your husband will get a Conditional Offer of a Fixed Penalty from the police, which costs him £60 and 3 points without the need for a court hearing.

    If he wants to ask for leniency from the Magistrates, he should pass on the fixed penalty offer, then when the summons comes through, he can plead guilty with "Special Reasons". In order for the Special Reasons argument to succeed, he will have to show that there was no alternative but to drive in the manner that he did and that your emergency must be “real, not nebulous, nor manufactured”. If the Mags accept this, they can give him a conditional discharge, ie no penalty.

    It is worth noting that a certain well known AC Milan footballer, on loan from LA Galaxy, used this successfully when he was being pursued by a horde of paparazzi. And a well-known Scottish football manager used the reason to speed down the hard shoulder as being that his bladder condition required him to get to the services quickly. Both of these were conducted in court by £400-per-hour solicitor Nick Freeman, but if what I've read about GP's salaries is correct, this shouldn't be a problem for your husband.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    salthepal wrote: »
    My GP husband was clocked by a mobile camera unit for doing 39 in a 30 limit whilst on his way to urgently visit a sick patient, having left his surgery to do so.
    Is there any point in his writing a letter of appeal to the magistrate to explain this in the hope of not getting the 3 points on his otherwise clean licence?

    No. He is not entitled to exceed the posted limit, end of. Even when running under a green beacon, there's very few times when speeding is allowed, mostly being restricted to 999 calls.
  • bargepole
    bargepole Posts: 3,236 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Conor wrote: »
    No. He is not entitled to exceed the posted limit, end of.
    Conor, please stop giving incorrect advice. Just google "Special Reasons" along with David Beckham, Alex Ferguson, and a few others I can't think of right now, and you'll see what I mean - details on BBC news archives.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • dmg24
    dmg24 Posts: 33,921 Forumite
    10,000 Posts
    bargepole wrote: »
    Conor, please stop giving incorrect advice. Just google "Special Reasons" along with David Beckham, Alex Ferguson, and a few others I can't think of right now, and you'll see what I mean - details on BBC news archives.

    You'll get used to Conor! ;)

    I know of several GP's that have been excused for this reason (the correct terminology has just escaped me!), it shouldn't be a problem. I also know several clients of Nick Freeman (and I don't condone what the people in question have done), but that's a whole other story ... :p
    Gone ... or have I?
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    I hope he gets 3 points...I'll be !!!!ing myself laughing.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    You could write to the chief constable, and explain what happened, he could decide not to take any further action.
  • clairec79
    clairec79 Posts: 2,512 Forumite
    A colleague did this once (fraudently though she admitted afterwards) she was given the choice of fine OR points rather than both
  • vikingaero
    vikingaero Posts: 10,920 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Conor wrote: »
    I hope he gets 3 points...I'll be !!!!ing myself laughing.

    Let's hope you never need an emergency doctor.:rolleyes:
    The man without a signature.
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    vikingaero wrote: »
    Let's hope you never need an emergency doctor.:rolleyes:

    If I need medical assistance that urgently, it'll be a 999 call. Obviously it wasn't life threatening as the GP didn't call an ambulance, and they weren't answering a 999 call so the need to speed didn't exist.
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