Need advice! Two speeding offences within two days!

DoaM

Comms69 wrote: »

Obviously I agree the OP should accept the points as they've provided no actual reason for the offences

Speeding is an absolute offence - there can be no reason. There may be mitigating circumstances however ...

foxy-stoat

DoaM wrote: »

Speeding is an absolute offence - there can be no reason. There may be mitigating circumstances however ...

I thought his reason for the defense was that he got caught twice after 2 days - victimisation......I thought about mis-selling but he hasnt bought anything yet?

matttye

The Magistrates’ Court sentencing guidelines are here: https://www.sentencingcouncil.org.uk/offences/item/speeding-revised-2017/

43 in a 30: the Magistrates would be able to disqualify you from driving for 7-28 days or impose 4-6 penalty points.

49 in a 40: the Magistrates would be able to impose 3 points.

They can take into account your previous offence(s) too.

If you think you’re likely to get further points you may be better off taking it to Court and seeing if you can get a short ban as any totting up disqualification will be significantly longer than 28 days. On top of that you would have to pay fines.

If you’re not interested in that, the 3 points you’re being offered for each offence is less than a Court can/will impose so you’d be better off accepting the fix penalties.

Car_54

matttye wrote: »

43 in a 30: the Magistrates would be able to disqualify you from driving for 7-28 days or impose 4-6 penalty points.


If you think you’re likely to get further points you may be better off taking it to Court and seeing if you can get a short ban as any totting up disqualification will be significantly longer than 28 days. On top of that you would have to pay fines.

43 in a 30 is at the lower end of the rang, and a ban is unlikely.


Also, don't the mags also have guidance not to impose a short ban where that would enable the accused to avoid a totting ban?

matttye

Car_54 wrote: »

43 in a 30 is at the lower end of the rang, and a ban is unlikely.


Also, don't the mags also have guidance not to impose a short ban where that would enable the accused to avoid a totting ban?

Not as unlikely when you bear in mind he had two in a couple of days. They could treat the first offence as an aggravating feature of the second and impose a disqualification to cover both offences.

The sentencing guideline itself doesn’t say they shouldn’t impose a short ban, but there may be case law - I’m not sure. It also wouldn’t allow him to avoid a totting ban on this occasion unless they were minded to impose 9 penalty points - which seems unlikely - so the case law may not apply.

It’s a risk as they could just give him 7+ points for the two offences which would take him even closer to a totting ban. But ultimately he needs to decide or seek legal advice so just throwing this in as a possible option for him to consider.

AndyMc.....

matttye wrote: »

Not as unlikely when you bear in mind he had two in a couple of days. They could treat the first offence as an aggravating feature of the second and impose a disqualification to cover both offences.

The sentencing guideline itself doesn’t say they shouldn’t impose a short ban, but there may be case law - I’m not sure. It also wouldn’t allow him to avoid a totting ban on this occasion unless they were minded to impose 9 penalty points - which seems unlikely - so the case law may not apply.

It’s a risk as they could just give him 7+ points for the two offences which would take him even closer to a totting ban. But ultimately he needs to decide or seek legal advice so just throwing this in as a possible option for him to consider.

Explain how.