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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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My 19 year old son who has had his licence for just less

Resolved Question:

My 19 year old son who has had his licence for just less than 2 years had an altercation with some youths in a car and sped off to avoid them further. He was caught on a police video van doing 61 mph on a 40 mph dual carriageway in Leeds.
At the time he submitted his NIP he put in a letter of mitigation as above but has been given a conditional offer of a fixed penalty of 3 points and £100 fine.
He would happily go to Court to mitigate but is concerned a Magistrate could increase the points if not successful. Is that a risk he runs if the matter went to court?
Thank you
Submitted: 19 days ago.
Category: Law
Expert:  Jo C. replied 19 days ago.

Hi what is the mitigation he thinks he has please?

Customer: replied 19 days ago.
He felt threatened by some lads and didn't want it to escalate further. If he goes to Court and gets 6 points he loses his licence so could be quite risky but he feels some injustice although accepts he was speeding.
Thank you.
Customer: replied 19 days ago.
Is this enough information? He was driving out of his school and thinks they were picking on school children out of some jealousy!
Expert:  Jo C. replied 19 days ago.

Are you asking what sentence he will face at court?

Customer: replied 19 days ago.
I want to know if he goes to court and pleads guilty to the speeding but explains why, can a magistrate give him more than 3 points if he doesn't accept the mitigation. Not worried about court costs and fine but would not want to loose his licence if the magistrate is able to issue 6 points.
Expert:  Jo C. replied 19 days ago.

oh I see. Yes, and they will.

For 61 mph in a 40 mph zone you would be facing either 4-6 points or a short ban.

He is at the highest end of the sentencing bracket so would probably be facing 6 points and a fine.

Take the fixed penalty. It is far lower than he would get at court.

Can I clarify anything for you?

Jo

Customer: replied 19 days ago.
That is very helpful. No doubt his insurance will go up!
Thank you
Expert:  Jo C. replied 19 days ago.

No problem and all the best.

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