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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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, I received 2 speeding tickets the same day on the same

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Hi,
I received 2 speeding tickets the same day on the same road, 9 minutes apart.
First one - Date:23/01/2015 time 08:42
Location: 60Mph variable sped limit, M1 motorway ,between jnc 13 & 12 southbound,Bedfordshire
Second - Date:23/01/2015 time 08:51
Location: 60Mph variable sped limit, M1 motorway ,between jnc 11 & 10 southbound,Bedfordshire
recorded speed of vehicle on both ocasions was 71 mph
for the first one they gave me the option to attend a speed awareness course, for the second a conditional offer of fixed penalty with 3 penalty points on my licence
I had a clean licence up to now, held it for 8 years.
I read that under section 28(2) of the Road Traffic Offenders Act 1988 both incidents should be taken as 1.
What is my best option in this case?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am really sorry but whatever you have read is a nonsense. These are separate offences. You passed two points of enforcement.
If you are prepared to spend a lot of money on this then you could try to make legal history by appealing this point. The legislation itself doesn't require you to pass a point of enforcement to commit the offence. You could try to argue that it was one continuous act over these junctions. The risk of that is that they would just charge you with driving without due care and attention instead of speeding.
There isn't caselaw on the point of whether speeding can be one continuous act or whether there are separate offences. The Crown don't have any evidence, in fairness, that you slowed down between the two junctions and began speeding again. To have the point considered you would need to contest this at Court and appeal to the Administrative Court if you lose.
If it is just that you would prefer not to have the second set of points then that is probably not worth the risk.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

What is the risk of being charged with driving without due care and attention ?


In your expert opinion is it worth appealing or not?

I forgot to mention that i am also a minicab driver in the weekends so i rather have my licence clean for a longer period of time.

if i leave it as it is i will overall have 3 penalty points on my licence, do you think that i have any chance of escaping without any after appealing?

Expert:  Jo C. replied 2 years ago.
More points and a higher fine and a potential ban.
No, it isn't worth it. That is why there is no case law on the point. Nobody has done it.
To be wholly honest, I suspect the administrative court would say that they are two separate offences.
Jo C., Barrister
Category: Law
Satisfied Customers: 69768
Experience: Over 5 years in practice
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