Author Topic: 78 in 40 with mitigating circumstances  (Read 437 times)

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oxfordstone85

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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.

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NewJudge

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Re: 78 in 40 with mitigating circumstances
« Reply #1 on: April 08, 2025, 01:13:51 pm »
1. I don’t see your mitigation as having much effect. Sentencing for speeding is very prescriptive and there is very little that will influence the sentence to any significant degree.

Quote
This was an incredibly high stress situation…

Indeed, it was, and almost certainly where a court might ask whether you should have been driving at all. Of course you will argue that you had little choice and that may well be true. But to attempt to mitigate what is quite a serious speeding offence because you were driving under stress is unlikely to gain much ground. Far better, I would suggest, if you really want to say anything at all, to simply admit to a momentary lapse of concentration.

2. Fines are based on multiples of weekly income. You need to estimate your weekly income as best you can. You should note that if you provide what the Court believes is an unrealistically low level, they can make such assumptions about your income as they see fit when setting your fine.

3. Debts and outgoings will not normally be taken into consideration when assessing the fine. They will, however, be considered if you ask for time to pay or to settle by way of weekly or monthly payments. The court will expect you to clear the amount within a maximum of 12 months.