Speeding fine

[Deleted User]

kinger101 said:

baser999 said:

I got caught ‘flying down the road’ at 36 in a 30 zone. Accepted I was the driver and awaited my fate; I’m 67 and clean licence for over 45 years. Got an offer of 3 points and £100 fine or driver awareness course for £90, with no further action, which I accepted. 

I was surprised that there was nowhere to plead mitigating circumstances (I was being chased by the police at the time after robbing the local bank 😏) I can only assume that was this was only available by electing to be heard at court?

Speeding is a strict liability offence.  There is no mitigation.  Your only defence is their evidence is defective.

Indeed, even if there is an abundance with sirens screaming behind you, you must not speed, go through red lights, mount the pavement, drive in a bus lane etc.

Ectophile

kinger101 said:

baser999 said:

I got caught ‘flying down the road’ at 36 in a 30 zone. Accepted I was the driver and awaited my fate; I’m 67 and clean licence for over 45 years. Got an offer of 3 points and £100 fine or driver awareness course for £90, with no further action, which I accepted. 

I was surprised that there was nowhere to plead mitigating circumstances (I was being chased by the police at the time after robbing the local bank 😏) I can only assume that was this was only available by electing to be heard at court?

Speeding is a strict liability offence.  There is no mitigation.  Your only defence is their evidence is defective.

Or you're a police officer.  Or you can make up some excuse, and know the right people.

TooManyPoints

I was surprised that there was nowhere to plead mitigating circumstances (I was being chased by the police at the time after robbing the local bank 😏) I can only assume that was this was only available by electing to be heard at court?

Correct. The idea of accepting an out-of-court disposal (the offer of a fixed penalty or a course) is that you accept the allegation as it stands without dispute. There is no accommodation for mitigation because the penalty or course fee is fixed - and by far and away the best offer you are likely to get (short of being acquitted following a trial).

Speeding is a strict liability offence.  There is no mitigation.  Your only defence is their evidence is defective.

That's not strictly true and you may be confusing mitigation (which lessens the seriousness of the offence) with a defence (which attempts to show that the defendant was not guilty). Whilst speeding is a "strict liability" defence (that is, there is no need to prove intent - you either exceeded the speed limit or you didn't) If you look at the Magistrates' sentencing guidelines for speeding:

Speeding (Revised 2017) – Sentencing (sentencingcouncil.org.uk)

You will see this:

Factors reducing seriousness or reflecting personal mitigation

• No previous convictions or no relevant/recent convictions
• Good character and/or exemplary conduct
• Genuine emergency established

This list is not exhaustive (as such lists never are within the guidelines) and Magistrates can always consider anything that is put to them as mitigation. That said, there is rarely anything that will significantly mitigate a speeding offence and certainly nothing that is likely to reduce the penalty to below that of the fixed penalty (when prosecution costs and "Victim Surcharge" are incorporated). That's why, given the opportunity, it is always advisable to avoid court for speeding if you are guilty.