Speeding offence

TooManyPoints

That'll explain why he has to go to court and not get a fixed penalty. 

He would not get a fixed penalty even if the limit was 70mph as the upper limit for one is 95mph. 

The limit for goods vehicles (other than car derived vans) up to 7.5 tons on a dual carriageway subject to the National Speed Limit is 60mph. Assuming the van and the road falls into those categories the guidelines suggest a fine of 1.5 weeks’ net income and either a ban of 7-56 days or six points. That excess is into the territory where magistrates will consider a ban (probably of about 14-21 days). Unless he requests a court hearing, the case will first be dealt with by a “Single Justice”. Defendants cannot attend a SJ hearing. If the SJ believes a ban should be considered the case will be adjourned for a hearing in the normal magistrates’ court and he will be invited to attend. The SJ will not impose a ban. As mentioned, an “Exceptional Hardship” argument is not available when disqualification for a single offence is under consideration. That is only an option for bans under the “totting up” procedure. However, the court will listen to anything he has to tell them. 

Whatever the sentence, he will be granted a one third discount on the fine for an early guilty plea. He will also pay a “Victim Surcharge” of 10% of the fine (minimum £34) and £85 costs. 

Quite honestly there is little that can mitigate a speeding offence. The guidelines are quite prescriptive and it is unusual for the court to depart from them significantly. As well as that, many people put forward what they think is mitigation when in fact it is aggravation. For example: “The weather was fine and the road was clear.”  All a court will think of that is that the driver thinks it is OK to tank it if conditions are fine. Bad weather aggravates an offence, but good weather does not mitigate one. 

Just for clarification, the “Single Justice” procedure is part of the court system. It is the first step for minor traffic offences, so the matter has already “gone to court.”

smallzoo2

thanks for all comments