Free Traffic Legal Advice

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.

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!

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?

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.

From the CPS website

“Examples of when it may be said to be unfair to try the defendant
Proceedings begun or continued in breach of promise not to prosecute
In Hamza [2006] EWCA Crim 2918, the Court of Appeal confirmed that the authorities “suggest that that it is not likely to constitute an abuse of process to proceed with a prosecution unless (1) there has been an unequivocal representation by those with the conduct of the investigation or prosecution of a case that the defendant will not be prosecuted and (2) that the defendant has acted on that representation to his detriment. Even then, if facts come to light which were not known when the representation was made, these may justify proceeding with the prosecution despite the representation.”

These principles apply to decisions to issue a fixed penalty notice or to caution:

Has an unequivocal representation been made that this is to be the disposal?
Has the suspect acted to their detriment by accepting this alternative disposal?
Have further facts come to light?”

You’ve acted to your detriment by taking the course in Lieu of prosecution only for them to prosecute anyway.

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

No problem, what did you get for the evening offence?

No problem, what did you get for the evening offence?

3 points & a fine as expected!