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Speeding and other criminal offences / 78 in 40 with mitigating circumstances
« on: April 07, 2025, 06:57:55 pm »
Hello, Hope someone can help.
I have a SJPN for doing 78mph in a 40mph on a variable speed limit motorway. I am at the point of sending back my plea and choosing whether to go to court (though have read it's best to say no to begin with as they will decide if I need to go to court for a potential ban).
I have some mitigating factors and am seeking advice as to how I present these. I cannot afford legal representation.
The incident occurred on a drive to an emergency passport appointment. I needed to get an emergency passport because the day before, my Father had had a stroke whilst on holiday abroad, and my 75yr old Mum was alone in a country where she didn't speak the language, trying to sort out his care. At the time, we didn't understand how severe the stroke was, or what the likely outcome was going to be.
My wife was 35 weeks pregnant and on the morning of the appointment had started having regular contractions which we suspected was early onset labour. On return from the appointment we spent the rest of the day in hospital before I flew out to my Dad in the early hours of the morning.
I had not seen the variable speed limit and thought I was doing a 78 in a 70. Obviously still speeding but to a much lower extent. This was an incredibly high stress situation and in the nearly 20 years I've had my license I think I have had one speeding ticket which was 35 in a 30 and never got points as I did the course. This was over 10 years ago and a clean license since.
My questions are as follows:
1. Will these mitigating factors affect my case and is it worth presenting these? If so, do I just write them out in a letter with an apology and attach the evidence for both things?
2. I am freelance and have variable income, is there any advice as to how to present my income when it varies so much year on year? I am a ltd company so especially complex...
3. I have various debts at the minute - can I present these and will they be taken into account for the fine?
My main concern is the fine as I am struggling quite significantly financially at the moment and have a new baby and a 3 year old. Any advice on how best to present my case would be greatly appreciated.
I have a SJPN for doing 78mph in a 40mph on a variable speed limit motorway. I am at the point of sending back my plea and choosing whether to go to court (though have read it's best to say no to begin with as they will decide if I need to go to court for a potential ban).
I have some mitigating factors and am seeking advice as to how I present these. I cannot afford legal representation.
The incident occurred on a drive to an emergency passport appointment. I needed to get an emergency passport because the day before, my Father had had a stroke whilst on holiday abroad, and my 75yr old Mum was alone in a country where she didn't speak the language, trying to sort out his care. At the time, we didn't understand how severe the stroke was, or what the likely outcome was going to be.
My wife was 35 weeks pregnant and on the morning of the appointment had started having regular contractions which we suspected was early onset labour. On return from the appointment we spent the rest of the day in hospital before I flew out to my Dad in the early hours of the morning.
I had not seen the variable speed limit and thought I was doing a 78 in a 70. Obviously still speeding but to a much lower extent. This was an incredibly high stress situation and in the nearly 20 years I've had my license I think I have had one speeding ticket which was 35 in a 30 and never got points as I did the course. This was over 10 years ago and a clean license since.
My questions are as follows:
1. Will these mitigating factors affect my case and is it worth presenting these? If so, do I just write them out in a letter with an apology and attach the evidence for both things?
2. I am freelance and have variable income, is there any advice as to how to present my income when it varies so much year on year? I am a ltd company so especially complex...
3. I have various debts at the minute - can I present these and will they be taken into account for the fine?
My main concern is the fine as I am struggling quite significantly financially at the moment and have a new baby and a 3 year old. Any advice on how best to present my case would be greatly appreciated.