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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have just received a courts summons for a speeding offence

Resolved Question:

I have just received a courts summons for a speeding offence - 68 in a 40. I believe this is 1 mile over the fixed penalty. Is it worth me contesting to try and reduce and if not, is it worth me attending court
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

On what basis would you be contesting this?
Customer: replied 2 years ago.
The fact that it was 1 mile over the fixed penalty limit and it was a mobile van. I have one SP30 on license but have never been offered a driver awareness course
Expert:  Jo C. replied 2 years ago.
Ok.

Sorry if I'm missing the point but why should that amount to a defence?
Customer: replied 2 years ago.
It doesn't I guess - should I attend court or just plead guilty and if so, what should I expect
Expert:  Jo C. replied 2 years ago.
Thanks.

If this is 68 mph in a 40 mph zone then you are actually some substantial distance over the fixed penalty arena.

The fixed penalty would be 41 - 55 mph.

You are into the highest bracket of 6 points or 7-56 days disqualification and a fine.

You should plead guilty on these facts. You don't have any defence.

Whether you should attend court basically depends. A person who attends court smartly dressed and shows respect for the court is generally better served than an absent defendant. A person who attends court casually dressed and is abusive would be better if he stayed away. If you fall into the first category then you would be well advised to attend.

That said, there are risks in attending although in fact there are risks in filling out mitigation in writing too. Put simply, the risk is that you will say something in mitigation that actually amounts to aggravation. Unrepresented people do that quite a lot.

With speeding offences there are really only a very limited number of points in mitigation. Usually they come down to remorse and your hitherto good driving record. Excessive speed offences are not the worst crimes.

You will almost certainly just get 6 points anyway.

There will also be a fine of between 75-125 % of your weekly income, costs of £85 and the surcharge of about 10% of the fine.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience: Over 5 years in practice
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