Variable Speed Limit - 38mph in 20mph on the 70mph M1 Motorway

ezio1

Defence more of the point I have had a clean license since I have passed - My profession within the charity sector requires me to drive vans filled with charity clothes, learned lesson etc.. Guessing here of course but is what it is

TadleyBaggie

None of that is vaguely a defence, I've never killed anyone and hardly think it would form any part of a defence if I was accused of murder!

ezio1

So on what grounds would a defence even be made? Based on what you are saying @TadleyBaggie, 100% of individuals lose in court and there is zero defence. Surely all prior offences are taken into consideration when in court. This is not an accusation of murder so that is incomparable. Its the first offence of speeding within a variable speeding zone after 15 years of having an umblemished license. Totally different

AdrianC

ezio1 said:

Defence more of the point I have had a clean license since I have passed

Not any more...

My profession within the charity sector requires me to drive vans filled with charity clothes

All the more reason to obey speed limits, unless you don't really value that job.

Look, it's very simple...

A legally mandatory sign told you to drive no faster than 20mph. There is a photo of you driving at 38mph.

That's it. End of. Open and shut case. This is not even remotely borderline.

You WILL get an SP50, you WILL get points, you WILL get a fine, you WILL be paying court costs.

It'll be band B, so four points and 100% of your weekly income.
Another couple of mph would have put you into band C - 6 pts, 150%.

lemondrops69

ezio1 said:

Defence more of the point I have had a clean license since I have passed - My profession within the charity sector requires me to drive vans filled with charity clothes, learned lesson etc.. Guessing here of course but is what it is

Ah, so a professional driver who is prepared to break the speed limit by almost double putting others at risk, knowing full well they need a licence for their occupation, but still drives in a reckless manner etc, etc is what they'll come back with no doubt. First offence for speeding wont count for anything, its speeding not shop lifting.

If you really want to try to fight it in court please get legal advise not some advice off an internet forum

onlyfoolsandparking

I think lot's of people could easily get caught out with that one, very rare to see a 20mph variable speed on a motorway. Only Defence then is clean license so good driving record and 'maybe' a bit of mitigation, you saw the earlier speed signs, adjusted speed accordingly as you always do but 'missed' the 20 mph one in the blink of eye because it was dark etc etc, in fact  mitigation that any decent Solicitor would use and then hope you get a decent Magistrate that can see your not one of the fools we see on Traffic cops TV.

If you have any doubts consult a Solicitor that specializes in traffic offences. Nick Freeman doesn't live far from me I'll knock on for if you like see if he's available (only joking), I don't think you'll do too badly out of this based upon what your saying but you'll find out soon enough. Good luck.

ezio1

onlyfoolsandparking said:

I think lot's of people could easily get caught out with that one, very rare to see a 20mph variable speed on a motorway. Only Defence then is clean license so good driving record and 'maybe' a bit of mitigation, you saw the earlier speed signs, adjusted speed accordingly as you always do but 'missed' the 20 mph one in the blink of eye because it was dark etc etc, in fact  mitigation that any decent Solicitor would use and then hope you get a decent Magistrate that can see your not one of the fools we see on Traffic cops TV.

If you have any doubts consult a Solicitor that specializes in traffic offences. Nick Freeman doesn't live far from me I'll knock on for if you like see if he's available (only joking), I don't think you'll do too badly out of this based upon what your saying but you'll find out soon enough. Good luck.

I really appreciate this response. Thank you so much..

While I thank the other respondents for their time, I was simply asking if anyone else has had similar experiences and in their opinions, can a defence be made. Picking every genuine question I ask and being passive aggressive towards me isn't helpful as I am not being like that back in return whatsoever and in fact, thanking them for their time..

neilmcl

ezio1 said:

Defence more of the point I have had a clean license since I have passed - My profession within the charity sector requires me to drive vans filled with charity clothes, learned lesson etc.. Guessing here of course but is what it is

That's not a defence that's simply mitigation toward what ever penalty you'll receive.

lemondrops69

You asked opinions and got them, the general consensus is that there isnt any credible defence. Tell the judge all the things you mentoined at court, but I still think you'll get a short ban or 4-6 points and a fine, but thats just a guess and why you should seek legal advice

Sorry you didnt get the answers you wanted but I really dont see any passive aggressive comments to be honest. 

Do come back and lets us know the outcome

Good luck 

ezio1

lemondrops69 said:

You asked opinions and got them, the general consensus is that there isnt any credible defence. Tell the judge all the things you mentoined at court, but I still think you'll get a short ban or 4-6 points and a fine, but thats just a guess and why you should seek legal advice

Sorry you didnt get the answers you wanted but I really dont see any passive aggressive comments to be honest. 

Do come back and lets us know the outcome

Good luck 

I take back what I said about the passive aggressiveness. I misinterperated what you said and I apologise for that. I will surely come back. Thank you for your time @lemondrop69.