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Jo C.
Jo C., Barrister
Category: Traffic Law
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Experience:  Over 5 years in practice.
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2 speeding tickets 40 in 30mph and 47 in 30 5 minutes apart.

Resolved Question:

2 speeding tickets 40 in 30mph and 47 in 30 5 minutes apart. Am able to claim they were apart of the same offence, and treat them as one FPN, is there any precidents for this in traffic law.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

There are no precedents for this argument for a number of reasons. The first is that I am afraid it would probably be rejected. The second is that the nature of the offence means that there are very few appeals comprable to more serious offences.

You can certainly raise this argument. Your point is essentially that your speeding was one continuous act and the fact that you passed two points of enforcement does not mean there were two separate offences.

It would be a huge risk to do that. The first problem will be that they could say that the fact of a long continuous act is an aggravated features and charge you with driving without due care and attention instead of speeding.

Also, the truth is that I suspect the Magistrates would not accept it.

If you are intent then you could appeal. You have an automtic right of appeal to the Crown Court from any decision of the Magistrates and thereafter with permission to the Administrative Court.

It is a valid argument in principle. The offence of speeding is committed when vehicles exceed the speed limit. It does not require you to pass a point of enforcement to make out the offence so the fact that you were detected twice a short time apart does not mean you exceeded the limit, slowed down and exceeded it again. Therefore the fact that you were detected twice does not mean there were two offences.

The risk is of driving without due care and attention.

There's absolutely no prospect of one FPN I'm afraid. If they are going to do anything then it is going to be one charge of driving without due care which would be deal with at court.

I would suggest writing to them asking them to consider the public interest but if you were doing 47 mph in a 30 mph zone then its not a good idea. You will be lucky to avoid a summons for that speed alone.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69527
Experience: Over 5 years in practice.
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