NIP Mitigating circumstances

IkiryoIkigai

Hi guys,


I posted here a while ago and had some great help from you guys. I have a new issue and was hoping someone might be able to point me in the right direction.


My mum died semi-unexpectedly 2 weeks ago on a Sunday - I say semi-unexpectedly because she had end stage cancer but we weren't expecting it to take her so suddenly. I drove to see her body and be with Dad and my brother at their house which is about 3 hours away from where I live. I stayed while the funeral people came to collect her and then drove home after that. I was pretty upset on the drive home and didn't realise that the limit had changed from 40 to 30 because I was crying. I am a very sensible driver and always stick solidly to the limit - I was doing exactly 40. I passed a camera and saw the flash and, lo and behold, recieved a NIP shortly after.


My question is this: although I know that mitigating circumstances are pretty much never a consideration in the eyes of the law, is this enough of a mitigating circumstance to potentially have it cancelled in court? Has anyone read or seen any examples of speeding tickets being cancelled?


thanks for reading this,


xx

wgl2014

First off sorry for your loss, it is understandable that you were upset.

How many points do you currently have and have you been on a speeding course before? The reason I ask is that you are likely to be offered a fixed penalty or speed awareness course and this is likely to be best way to resolve things.

If you want to argue the case for mitigation you would either need to make representations to the Police or at court. The problem I see is that if the Police do not drop the matter (and it's unlikely that they would) you may find any offer of an out of court disposal is forfeited. At court you have to be careful not to turn your mitigation into an aggrevating factor, if you were tired and upset should you have been driving at all etc.....

neilmcl

Again, sorry for your loss, I know exactly how you must be feeling as my Mum past in similar circumstances in January this year.

Speeding is an absolute offence and the only chance you'll have of making a plea of mitigation is if you go to court but I doubt you'd be successful as they could easily argue that if you were too upset to notice speed signs then you were not in a fit state to be behind the wheel in the first place. Your NIP will not be cancelled and you must fill in and send off the s172 form identifying yourself as the driver regardless. You may be lucky and only receive an offer of a course.

IkiryoIkigai

Hi, that was kind of what I was expecting people to say. I have recieved the offer of a course so I think that's what I'll do. Thanks guys and sorry for your loss too Neil. It's an awful thing to go through.


thanks again


xx

Comms69

IkiryoIkigai wrote: »

Hi guys,


I posted here a while ago and had some great help from you guys. I have a new issue and was hoping someone might be able to point me in the right direction.


My mum died semi-unexpectedly 2 weeks ago on a Sunday - I say semi-unexpectedly because she had end stage cancer but we weren't expecting it to take her so suddenly. I drove to see her body and be with Dad and my brother at their house which is about 3 hours away from where I live. I stayed while the funeral people came to collect her and then drove home after that. I was pretty upset on the drive home and didn't realise that the limit had changed from 40 to 30 because I was crying. I am a very sensible driver and always stick solidly to the limit - I was doing exactly 40. I passed a camera and saw the flash and, lo and behold, recieved a NIP shortly after.


My question is this: although I know that mitigating circumstances are pretty much never a consideration in the eyes of the law, is this enough of a mitigating circumstance to potentially have it cancelled in court? Has anyone read or seen any examples of speeding tickets being cancelled?


thanks for reading this,


xx

These are two separate issues.


Your personal circumstances - sorry for your loss.
AND
Should you be driving a car in that condition?


That's a question that could be asked.
A speed awareness course would probably be offered.

casseus

Im sorry for you're loss.


As other have said, there is no defense to this speeding fine. If you have had a NDORS course in the last 3 years you wont be offered a course, if you haven't it will automatically be offered to you in writing once they have your submitted NIP (in force area's that offer them) and depending on speed in which you were caught (below 42Mph in 30 zone).

neilmcl

Comms69 wrote: »

These are two separate issues.


Your personal circumstances - sorry for your loss.
AND
Should you be driving a car in that condition?


That's a question that could be asked.
A speed awareness course would probably be offered.

casseus wrote: »

Im sorry for you're loss.


As other have said, there is no defense to this speeding fine. If you have had a NDORS course in the last 3 years you wont be offered a course, if you haven't it will automatically be offered to you in writing once they have your submitted NIP (in force area's that offer them) and depending on speed in which you were caught (below 42Mph in 30 zone).

The OP has received an offer of a course.