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Messages - Coolio123

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1
No problem, what did you get for the evening offence?
3 points & a fine as expected!

2
I would have thought your defence to the first charge is that the prosecution is an abuse of process as you’ve already dealt with the offence by the way of a course.  You are then inviting the magistrate to agree that they were one offence.

I want to thank you so much for bringing this argument to my attention. I used it & the police prosecutor begrudgingly decided to drop the 1st offence after some persuasion. So I was only charged for the other offence. 

3
Thank you to all that responded & helped me, it is much appreciated.

4
Sorry to sound confused but how can I argue this? P.s. thanks for all the advice, much appreciated!

5
Yep, offence 1 & 3. I’ve been told by a solicitor that it’s up to their discretion, but it was very strange for the police to give a course for the 2nd offence rather than the first.

I presume your advice would be to ask to be sentenced at the fixed penalty level?

6
I assumed the continuous journey was my best bet.

I did engage with the police multiple times. They said, each alleged offence must be considered separately. Only a magistrate can consider all alleged offences together.

I thought I’d be cheeky and ask for a short ban, a couple of weeks over having 6 points for a 4 year duration as I’ve got nothing lose at this point!

7
Hi All

Just had this brilliant website recommended to me today on Reddit. I have a speeding court case later today and I'm very nervous.

Summary of My Case:

I am due in court regarding two speeding offences that occurred on the same day.
First offence: 11:58am, M4 motorway, 79mph.
Second offence: 12:03pm, same stretch of the M4, only 5 minutes later (speed awareness course completed).
Third offence: 10:55pm, later that evening on the same day, 80mph.

Thames Valley Police offered me a Speed Awareness Course for the second offence (12:03), but issued Fixed Penalty Notices (3 points each) for the first offence (11:58) and the third offence (10:55pm).

This effectively boxed me in, because usually the first offence in a sequence is eligible for the course. By applying the course to the second offence instead, Thames Valley have potentially prevented me from arguing that the 11:58 and 12:03 offences formed part of a continuous journey and therefore should be treated as one.

My Arguments in Court:

1. Continuous Journey Principle
The first 2 offences were only 5 minutes apart, on the same stretch of road, during the same journey. I had no awareness of the first offence when committing the second, so no opportunity to correct my driving. Case law examples: Cotterill v Chapman (1984), DPP v Milhench (1996), McKeever v Walkingshaw (1995) (Scotland) — courts have recognised that offences committed in close time/geography can be treated as one.

2. Mitigating Circumstances: unexpected death in the family so was visiting relatives. Probably not a strong argument but worth mentioning nevertheless.

3. clean licence for nearly a decade with no previous offences.

4. Proportionality & Fairness:
This was not sustained or repeated disregard for the law, but a single bad day of driving under emotional strain.

I've plead guilty for the two speeding offences, 11.58am & 10.55pm. But for the evening one, I don't remember who was driving. Is that worth bringing up or is it too late?

Lastly, is it worth asking for a mitigation in sentencing e.g., lower fine, or potentially a short discretionary disqualification instead of accumulating 6 points.

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