Author Topic: Speeding fine query  (Read 510 times)

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Anglepoise123

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Speeding fine query
« on: November 29, 2024, 12:48:25 pm »
Hi,
I received a NIP for doing 85 in a 70 on the M1.
I was hurrying to see my elderly mother before she died.
I made it just in time, she died that day.
The death certificate supports that.
Might I be able to appeal?
Thanks

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666

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Re: Speeding fine query
« Reply #1 on: November 29, 2024, 01:04:21 pm »
Sorry to hear of your loss.

There's nothing to appeal at this stage. You need to respond naming yourself as driver.

For that speed the police will offer a speed awareness course (if you're eligible) or a fixed penalty* (£100 and three points).

If you refuse or ignore those options, you'll have your day in court, where you might meet a sympathetic bench of magistrates. The downside risk is that if you don't you'll get a higher fine, surcharge and costs - nearer £1,000 than £100.

I'd be inclined not to risk it.

* = unless you already have 9 points or more.

andy_foster

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Re: Speeding fine query
« Reply #2 on: November 29, 2024, 01:17:09 pm »
You could ask the sausage machine (police Central Ticket Office) to show leniency due to the extenuating circumstances.

If that fails, for up to 86 in a 70 limit (10% +9mph), you should be offered a Speed Awareness Course (if caught in England & Wales) if you haven't done one for an offence committed in the 3 years previous to the current one.
Or an offer of a fixed penalty (for up to 95 in a 70) if you do not qualify for an SAC, or do not take one if offered.

Your circumstances do not constitute a defence for speeding, but might constitute Special Reasons Not to Endorse - mitigation relating to the commission of the offence, which is not a defence, but is sufficiently compelling to justify not endorsing your licence. This would be an argument you would run in court, having declined/refused any out of court settlement.

I would characterise SRNtE as a reason for comitting the offence that the bench themselves would admit to being likely to result in them doing the same. Personally, I would take the view that anyone who wouldn't exceed the speed limit to say goodbye to the dying mother on their death bed, assuming that it was safe to do so, had something wrong with them. That said, without knowing the road/traffic conditions, I would be minded to question whether you were urgently trying to get their as fast as was safe to do so, or whether you merely had more pressing things on your mind than the speed limit.  N.B. The bench on the day might not see things as clearly as I do.
« Last Edit: November 29, 2024, 01:19:08 pm by andy_foster »
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Anglepoise123

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Re: Speeding fine query
« Reply #3 on: December 02, 2024, 10:09:16 am »
Thank you for the advice.
I think I'll take the points and take the speed awareness course.
Less risky!

NewJudge

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Re: Speeding fine query
« Reply #4 on: December 02, 2024, 10:43:52 am »
It won't be both. Either one or the other. Taking the course does not involve points.
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PallasAthena

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Re: Speeding fine query
« Reply #5 on: December 02, 2024, 12:55:56 pm »
If you take the Speed Awareness Course (for which you pay about £90, 3 hours online via Zoom) there are no points, no fine and it's not a conviction and (usually***) it doesn't have to be declared to your insurers so won't affect your premium. And the course (I speak from recent experience here!) is actually quite interesting and informative. So if offered the course option take it is my advice.


*** only needs to be declared if the insurer expressly specifies that speed awareness course must be disclosed. Most don't and only require convictions endorsements or fixed penalties to be disclosed
« Last Edit: December 02, 2024, 01:02:05 pm by PallasAthena »
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speedfighter23

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Re: Speeding fine query
« Reply #6 on: December 04, 2024, 08:49:27 am »
I would return driver details as required and attach a letter and the death certificate explaining things.