Speeding

diz79 · 20 April 2022 at 9:44PM

Hi

I just wondered if anyone could help me, I got caught speeding last November doing 66 in a 40, its usually 60 but it was late at night id had a long day and there was roadworks but know one about. I accept its my fault no problem.

I sent the letter and didnt here anything, after a few weeks I sent an email and made calls and did this for a while the phone just rang out. I finally sent them another letter in my hand writing. Dated the 24th January giving all my details driving license etc, I posted it on 27th January in London ( I have proof of postage, I only work in London during the week). I received a letter from them on 29th January which was also dated 24th January saying they hadnt heard anything and with inteded prosecution in relation to the incident a reqiurement of section 172 of the road traffic act. I then had 10 days to respond, if not it would go to court. at this point I had Covid and was not allowed to leave my house, Id already tried to inform them with a letter, I recieved a further letter on 3rd Feb stating the same again as 24th January, now I could go out because of a negative test I sent the form and info about sending previous letters all scanned etc I have proof of postage.

On 5/4/22 I recieved a single justice Procedure notice, which looks like im going to court, can anyone help me with this form at all I obvioulsy will plead guilty to the speeding, but im not sure if it has anything about the delays in recieving letters.

I will probably get 5-6 points for this.

At then end of March I got court by a camera doing 24 in a 20, two days before I went over a red light and got caught also (only ever done once before in my life) another 6 points.

I think ive done a speed awareness course in the last 3 years, I probably do 20000 miles of driving a year, its looking like I will go from 0 points to 11 -12 quite quickly,

Can anyone help regarding the red light could I still get given an awareness course because its a different offense? As 24 in a 20 is quite low would they still give me an awareness course? (I know this is unlikely)

Final question, even though im pleading guilty to the 66 in a 40, should I attend as I may need to talk to the judge as if I get 12 points I cannot work anymore?

I understand all my mistakes might be a bit of rambling, if anyone can help in anyway would really appreciate it.

Herzlos · 21 April 2022 at 7:25AM

Find a lawyer that specialises in motoring offenses because if you try and deal with it yourself you are stuffed.

For the speeding ticket in January - are they chasing you for the speeding offense or failure to provide driver details?

Definitely start driving like a nun, because you're almost certainly stuffed if you get caught again.

The_Unready · 21 April 2022 at 7:49AM

Sounds like it might be of benefit to other road users if you're banned from driving for a while!

TooManyPoints · 21 April 2022 at 9:45AM

You wouldn't be related to Dan79 by any chance, would you?

66 in a 40 - FightBack Forums (pepipoo.com)

Whilst you're thinking about it, if you do accumulate 12 points you will have to do a bit more than "talk to the judge." You will have to convince the court that you or others will suffer "exceptional hardship" if you are banned. Losing your job alone is not considered exceptional as you can see from this guidance that Magistrates have on the matter:

When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following:

It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn.

Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence.

Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive.

If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account.

Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable;

Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others.