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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice.
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i have recieved a speeding fine caused while having a sneezing

Customer Question

i have recieved a speeding fine caused while having a sneezing fit i have medical letters to proof i am having surgery on my nose and sinus,s to clear up my sneezing problem
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you asking if this is a defence?
Customer: replied 3 years ago.

yes

Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

I'm afraid there are very few defences to speeding. One is that you were not speeding. Another is that the road signs are not adequate. What is not a defence is to say that you were distracted for this reason or any other. In fact, if the DVLA discover this then they will probably revoke your licence at least temporarily on medical grounds. At least, they would not do that for the condition itself but if they think that you are travelling at speed because of this distraction then it could offend.

Also, in truth, a sneezing fit doesn't really cause you to drive at speeds you were disallowed from reaching I'm afraid. I do understand that its distracting but it doesn't cause acceleration.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

ithought that sneezing caused me to loose some control of my body like my head going back and forth an my foot pressing accelerater

Expert:  Jo C. replied 3 years ago.
Thank you. You have left a negative rating but asked for more information which seems inconsistent. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.


Expert:  Jo C. replied 3 years ago.
You could raise the defence of automatism. Im afraid it will fail and then you will have to pay costs.

I am sorry this is so hard hitting but it really doesn't make any sense to say that a sneezing fit caused any reaction at all in your feet.

Its all very well to raise these things but when you lose in court because the Magistrates disbelieve it you will end up paying the fine, getting points and paying costs of about £400-£600.
Customer: replied 3 years ago.

wots the great answer jo

Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean?

I'm afraid this argument will fail for the reasons above.

I'm sorry and I wish I could say something different but the Court will not accept that the fact you sneezed caused you to drive at speeds you were disallowed from doing and if the DVLA thought that was an issue they would revoke your licence because you have a medical condition rendering you unsafe to drive.