Couple of Questions Re:Speeding offence

Reece_

Just received postal requisition for a court case in a couple of weeks for a speeding offence from august.
I'm well aware of the fines etc and will be pleading guilty through post, however if there's anything I can do to help stay on the low end of the penalties ( financially, not really bothered with points ) then of course I'd like to do so.
I was caught at 50 in a 30, I was on route to see my mum in hospital as she had a burst brain aneurysm and I put the lapse in concentration down to the fact I was a bit of a wreck. Firstly is this worth mentioning in the mitigating circumstances? Obviously anything put in there realistically is no excuse for speeding and I'm not trying to make excuses but if it helps then so be it.

If it's of any relevance, I've got a clean licence so this is first offence.

And other Q regarding the form is, at the back a statement of assets and financial situation, it has a small box for other info the court should know about, should I state in there that both my partner and I are constantly within overdrafts at the moment?

TIA.

Spicy_McHaggis

Have a look here

http://www.pepipoo.com/Magistrates_guidelines.htm

Expect 4-6 points and a fine inline with your weekly income.

Reece_

Thanks, I was expecting 6 points straight away , didn't know that fines generally are in line with weekly income so that's somewhat of a relief anyway.
Is it worth stating that we have negative bank balances? I'd just appreciate the chance of not having to pay the fine straight away if it ends up being larger and from what I understand of the form they'll base whether I have that option on what I've put, I've filled in the rest with income and outgoings and it shows that income and outgoing are equal.

Car_54

Do you think "I was speeding because I wasn't concentrating" is likely to help or hinder?

The fine will be determined by your income. You should be asked if you need time to pay: that's when your overdraft becomes relevant.

Reece_

Thanks,I'll leave it as it is then.

What is relevant for mitigating circumstances then? Is it just for the few that might be rushing a dying person to hospital or something or faults with the car? as most things won't be relevant , as you say you're either speeding by not concentrating or purposefully which dependent on situation are both as bad as each other.

One other thing, the forms are all stapled together and has the pc's statement in and a notice regarding the charge, should I keep hold of those ?

Spicy_McHaggis

Reece_ wrote: »

Thanks,I'll leave it as it is then.

What is relevant for mitigating circumstances then? Is it just for the few that might be rushing a dying person to hospital or something or faults with the car? as most things won't be relevant , as you say you're either speeding by not concentrating or purposefully which dependent on situation are both as bad as each other.

One other thing, the forms are all stapled together and has the pc's statement in and a notice regarding the charge, should I keep hold of those ?

What fault would cause you to speed?

George_Michael

Spicy_McHaggis wrote: »

What fault would cause you to speed?

Well, there the obvious one which is a faulty speedometer.

uknick

I don't know if this thread will help with regard to what you might say on your form with regard to mitigation and financial means;

http://www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=1477974&mid=149141&nmt=Magistrates%27+Court+%2D+speeding+%2D+a+real+world+example

The 1st poster, agtlaw, is a lawyer who has a pretty good reputation amongst the posters on Pistonheads.

heartbreak_star

A similar thing happened to me several years ago giving me the only points I've ever had - my Dad had been taken to hospital with a stroke and Mum wasn't sure if he'd live.

(Yes, a Fiat Seicento can go over 70mph )

I explained the circumstances to the policeman that pulled me, he basically said there was nothing he could do and it wasn't a mitigating circumstance but he would mention it in his statement. Not sure if it makes a difference - 50mph in a 30 zone is (I would think) worse than my 81mph on a quiet A-road at 1am...

I just got the standard 3points/£60 fine (as it was then).

Not sure this helps, but hope it does.

HBS x

facade

The mitigating circumstance if you want to use it is

"I was hurrying to reach my mother in hospital, as I had been informed that she had a very serious illness and I wanted to reach her before she died, the weather was good and clear, there was no traffic, so I made a judgement call that I knew to be legally wrong in the hope of seeing her for the final time."

Sounds better to me than

"I was worried about my mother, and I had no idea of how fast I was going, the speed limits or the surroundings"

Car_54

facade wrote: »

The mitigating circumstance if you want to use it is

"I was hurrying to reach my mother in hospital, as I had been informed that she had a very serious illness and I wanted to reach her before she died, the weather was good and clear, there was no traffic, so I made a judgement call that I knew to be legally wrong in the hope of seeing her for the final time."

Sounds better to me than "I was worried about my mother, and I had no idea of how fast I was going, the speed limits or the surroundings"

That says the offence was deliberate.

Better to mention the weather, visibility & lack of traffic as mitigating factors in a momentary lapse by an otherwise careful driver. Don't mention mother at all.