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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have just received a Traffic Offence Report after being

Customer Question

I have just received a Traffic Offence Report (Suffolk) after being caught speeding on my way home (93mph in a 70). I am concerned as it will take to 12 points and I would like to know if I have any grounds for appeal on mitigating circumstances. I was being tailgated by a car and moved into the left hand lane for the car to pass, I pulled back out and accelerated and realised a car was approaching quickly from behind. I realised the car was a police car following the vehicle ahead so speeded up and pulled in to the left hand lane again when I was able. The officer seemed apologetic in issuing the notice, and said I would likely receive a speed awareness course. Unfortunately I have already attended one in the last 3 years.  As mentioned I will be on 12 points, I am currently on 6 points, but recently received a Notice of Intended prosecution for a speed camera offence, and was caught seperately with the above details today.

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : What are your other points fir please?
JACUSTOMER-l0j2dpy6- :

both speeding, one FP50 and one FP30

JACUSTOMER-l0j2dpy6- :

The one pending will be FP50

JACUSTOMER-l0j2dpy6- :

SP not FP

Alex Watts : Why did you speed up rather than slow down?
JACUSTOMER-l0j2dpy6- :

I think I sped up to the pace of the car ahead, realised that he was going too quickly and realised the police car was behind. I honestly don't know if I sped up, I just realised the situation and pulled in again.

JACUSTOMER-l0j2dpy6- :

I didn't slow down, because the police car was behind and thought he wanted to get past

JACUSTOMER-l0j2dpy6- :

I thought breaking hard wouldn't be the right thing to do

Alex Watts :

In short you accept you did over 70mph?

Alex Watts : Are you able to respond so I can give you the legal answer?
Alex Watts :

s it a defence - no.

The offence is either you were going above 70mph or not going above 70mph. What you have is mitigation. But it does not go beyond mitigation. The offence has sadly been made out.

If it was a case that it was an emergency for some reason then potentially you could argue special reasons. It f your wife was giving birth or you feared for your life. But being concerned someone is tailgating is sadly not enough.

It simply goes to mitigation.

Alex Watts :

I realise this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

As you would have 12 points you can argue exceptional hardship not to be disqualified.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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