Free Traffic Legal Advice

Hi,  my son has received 2 FPN’s for speeding on the motorway (64 and 69 in temporary 50 zone).  Both offences on the same date; one driving one way, the second driving back.  They were within an hour of each other.

He doesn’t have a defence.  He set his speed to 70 and didn’t take account/reduce it.

My question is whether it is worth asking to go to court to plead mitigating circumstances?

He is disabled and was agoraphobic prior to passing his test (due to being seriously assaulted).  He is autistic and can’t use public transport as he is so scared (the assault was linked to a bus journey).  He managed to come off antidepressants and was finally enjoying life with the independence that driving gave him however if he receives 6 points, his licence will be revoked and I’ll be back on suicide watch.

He also helps me as I have Lupus and now have to have monthly immunotherapy which he takes me to and from (not at a local hospital).

Finally, his little brother is also disabled and he helps take and pick him up from school (as I work full time).  His brother is selective mute and won’t use a bus.

The final thing to mention is that the NIP was received 17 days after the offence date albeit it was probably delayed due to the Christmas post.

Just wondering if it would be worth asking the court to consider;

A)  treating the 2 offences as one
B)  raising the issue with the service of the NIP
C)  asking the court to impose a short ban instead of points (to avoid revocation of licence)

Or is this a lost cause?

Any advice would be greatly appreciated.  Thank you.

He received 2 NIPS followed by 2 FPN’s.

He is registered keeper so shouldn’t have been any delay there.  The NIPs were dated 11/12/24 but not received until 17/12/24 so believe this will be a postal issue.

To briefly answer your questions:

A) is a non-starter.

B) is a possibility (the Christmas post does not amend the duty on the police to serve the NIP within 14 days).

C) will almost certainly fail. There is no reason for the court to do this other than to avoid his licence being revoked and they are unlikely to do it.

A speed of 64 in a 50 limit will usually see the offer of a course. Has he done one previously?

When did he pass his test and what was the date of these offences?

He passed in Aug 24 and has no other convictions or driving offences.

We asked if they would consider a course when returning the NIPs but they declined.

If his licence is so important to your son, perhaps he could post here himself with an accurate version of events?

So far, you have repeatedly told us that he has received FPNs, that the NIP was received 17 days after the date of the offence, and that they were received 20 days after the date of offence. And took 6 posts and a great deal of tooth pulling to do so.

I’m afraid, from what you tell us, it seems very likely his licence will be revoked,

Unless the court finds that there are “special reasons” not to endorse his licence and impose points, they must impose three points for each offence. The “special reasons” must be to do with the circumstances of the offence itself, not his personal circumstances.

The court is unlikely to do this as there is nothing you have told us about either offence which might suggest this.

With the offences occurring in separate journeys in opposite directions, there is no chance of the court considering them as a single offence or of two offences committed “on the same occasion” (when only one lot of points would be imposed).

It might be worth enquiring why no course was offered. He has no right to a course but it might be worth a phone call. Apart from that, the only sliver of hope I can see is the late NIP. The police must serve the NIP within 14 date of the offence date.  Postal difficulties do not alter that requirement. The difficulty is that the NIP is presumed delivered two working days after posting unless the contrary can be proved. The burden of that proof will rest with your son. This will mean he must decline the fixed penalty offer and plead not guilty in court. From what you say, without legal representation (for which he will have to bear the cost) this may cause him some difficulty.

The revocation of his licence is not a judicial decision to be taken by the court. It is an administrative function undertaken by the DVLA when they learn of his six points. The court has no control over it.

It is important to understand that revocation does not mean he is disqualified from driving. If his licence is revoked, he can immediately apply for a new provisional licence and can begin driving (in accordance with Its conditions) as soon as he has it, He will, of course, have to pass his test (both parts) again.

Tell us more about the potential late NIP? How do you know the date it was received?  What is the date of the NIP?

Do you still have the envelopes that the NIP's came in? and if so, are they postmarked with a date showing?