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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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Do I need to provide mitigating circumstances for a driving

Resolved Question:

Do I need to provide mitigating circumstances for a driving offence if I have a clean licence?
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Can you explain your situation a little more?

Customer: replied 10 months ago.
In Dec 15 I was caught speeding 66 in a 40mph zone. I have a court hearing on 21 sept and elected to plead guilty by post. There is a mitigating circumstances section but I'm not sure if there is any value in filling this in as I have a clean licence
Expert:  Jo C. replied 10 months ago.

What would be your mitigation?

Customer: replied 10 months ago.
If I were to put something on paper I would say that I have clean licence and I had momentary lapse of concentration on a familiar stretch of road that goes from national speed limit to 40mph for 1/3 of a mile and then back to national speed limit
Expert:  Jo C. replied 10 months ago.

Was it late at night?

What were the traffic conditions?

Customer: replied 10 months ago.
9:57am
Fine weather conditions
Damp rd
Moderate rd conditions
Expert:  Jo C. replied 10 months ago.

Was there heavy traffic?

Customer: replied 10 months ago.
The traffic report says moderate but it was light in my opinion
Expert:  Jo C. replied 10 months ago.

OK. When did you pass your test?

Customer: replied 10 months ago.
Sept 1988
Expert:  Jo C. replied 10 months ago.

Sorry for the delay.

There is always value in adding mitigation as long as it really is mitigation rather than aggravation.

You need to include things like the shortness of any distance driven at speed, the absence of heavy traffic, the clemency of the weather and absence of vulnerable road users.

Also, you need to emphasise your hitherto good record which is of a substantial nature if you have been driving since 1998.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
Can you clarify what you mean by the shortness of any distance driven at speed please
Expert:  Jo C. replied 10 months ago.

I'm not sure how to express it differently.

The shortness of the distance driven.

Customer: replied 10 months ago.
understood. Thankyou
Expert:  Jo C. replied 10 months ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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Customer: replied 9 months ago.
Hi Jo. Just wanted to share the outcome of my case - 6pts and £811 fine - to be honest I expected the fine to be bigger so not so bad. Thanks again for your advice
Expert:  Jo C. replied 9 months ago.

That is a little on the high side actually. I suppose it could have been worse. At least it was 6 points!!

Glad you are happy.