Author Topic: 2 successive offences, how to respond to SJPN  (Read 355 times)

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SeanMalley109

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2 successive offences, how to respond to SJPN
« on: August 19, 2023, 01:04:14 am »

I have been pointed here so hoping for the best.

Over 2 successive days in February - I was caught by the same mobile speed camera in the same place (36 in a 30).  With 6 points on my license (3 will drop off in Feb 2024 however) I now risk loosing my license by getting an additional 6.

The question I have is, do I plead guilty to one offence and then go to court to plead my circumstances for the second offence - or contest them both?

If anyone is interested in why I would like to contest:

This mobile speed camera was parked in a 30 zone (small hamlet) that is situated at the bottom of a 50 mph hill, once through the small hamlet the next half mile goes back to 50, 40 to 30.

In the 30 zone itself - there is only 1 30 mph sign on the right (set back from the road in a layby and partly obscured by a hedge overgrowing it) - I 'found' two school signs (both obscured by overgrowth - i believe the school is defunct) I have photographed everything. This is not a busy hamlet - rarely if ever do you see people on the pavement - similar areas further down the road are 40mph zones.

There is however a sign stating it is a 30 zone when entering the hamlet itself. But once in, there is only the 1 sign and it is obscured to your right as you approach the speed camera.

Before anyone is to harsh - I was under a lot of stress.  my wife had just told me she is divorcing. I am the sole bread winner and am responsible for driving the kids to school - I was rushing home to work after dropping one child at nursery.

I will be a single dad with full responsibility for kids and getting them around a very rural area. So I really cant afford to not to be able to drive (if I loose my license the kids may have to move school or I will have to leave my job to bring them there via terrible public transport)

first speeding offence (nearly 3 years ago) - did 60mph on a temporary 50pmh zone on the M4 (empty road at 10pm during the lock down)
Second offence (January this year) - speeding (slightly over) on the M4 - can't excuse this once, just stressed with life.

Really appreciate any advice and how to handle the first SJPN I have received in the post.

 

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NewJudge

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Re: 2 successive offences, how to respond to SJPN
« Reply #1 on: August 19, 2023, 09:03:35 am »
What dates in February were the offences?

Have you received any notification of court action yet?


SeanMalley109

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Re: 2 successive offences, how to respond to SJPN
« Reply #2 on: August 19, 2023, 11:29:56 am »
I have received 1 SJPN, but not the second offences where 12th February

slapdash

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Re: 2 successive offences, how to respond to SJPN
« Reply #3 on: August 19, 2023, 09:48:13 pm »
Streetlights in the village ?

Yes, it's a 30 and there should not be repeaters.

No, a 30 limit started at the terminal signs and ends at another terminal sign. But repeaters (small ones generally affixed to telegraph poles) are required.

There is a slim chance that the limit may not be adequately conveyed.

guest343

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Re: 2 successive offences, how to respond to SJPN
« Reply #4 on: August 20, 2023, 09:37:47 am »
All is not lost, plenty of drivers with 12 or more points still allowed to drive.

https://www.telegraph.co.uk/cars/features/12-points-but-no-ban-how-speeding-drivers-are-keeping-their/

NewJudge

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Re: 2 successive offences, how to respond to SJPN
« Reply #5 on: August 20, 2023, 10:18:40 am »
The first SJPN should be dealt with in the "normal" way. Assuming you plead guilty it will be dealt with by the Single Justice and you will be sentenced (one third of a week's net income, a surcharge of 40% of the fine, 90 costs and three points).

The second one is different. It will not be dealt with under the SJ procedure but instead it will be listed for a hearing in the normal Magistrates' Court and you will be invited to attend. You will face a 6 month ban under "totting up" unless you can persuade the court that you or others will face "exceptional hardship." Here's the Magistrates' guidance when dealing with such a plea:


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.


A couple of things spring to mind:

Were you not offered a fixed penalty for the first of these offences, or is the SJPN the first you have heard since you named yourself as the driver?

Check the dates on the SJPN. It must be issued within six months of the offence date.