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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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I have just received my first speeding ticket in 40 years and

Customer Question

I have just received my first speeding ticket in 40 years and lo and behold I have received 2 on the same day. the offences were within 1 minute of each other both with manned equipment on the same road, one at 47 mph and 1 at 36mph. I am not saying I am not guilty, honestly cant remember although I am not in a habit speeding. BUt having 2 manned equipment checks so close to each other and with over 10 mph different speed in 1 minutes seems odd. I realise that 1 of them can be released with a drivers awarement course and the other will cause me 3 points and fine. Does the fact that they were recorded so close to each other 10.33 and 10.34 make any difference at all if I was to appeal? Thanks JM
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is interesting point actually that strangely hasn't been appealed. I have to say that I do think you could argue that the fact of the speeding was one continuous act so amounting to one offence aggravated by elongated speeding.
I suspect the reason it hasn't been appealed is two fold. Firstly it opens you up to the charge of driving without due care rather than speeding and secondly it would cost many thousands to appeal and for most people it is just not worth it. There are generally more appeals for more serious offences because they merit the expense.
However, from a legal theory point of view, the offence of speeding does not require you to pass a point of enforcement to offend. You only caught when you pass a point of enforcement. So the fact that you pass two does not make one continuous act two offences.
A better way forward might be to write to them making representations that the second one should be discontinued for public interest reasons as it was so close to the first. They might not agree to that of course but it is a lot cheaper than going to the administrative court to make law upon the point.
Can I clarify anything for you?
Jo

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