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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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I received an intention to prosecute 95mph, on awhich was

Resolved Question:

Hi, I received an intention to prosecute for doing 95mph, on a*****which was captured on the M25 Epping, NR M/ Post 5563A, clockwise carriageway.
I already have 6 points on my license, and I would like to know what might happen. I am not sure if I was speeding, I am sure I wouldn't have been doing 95mph but I had just received notification of the passing of my father in law and was trying to get home to my wife to comfort her, so cannot say for sure what speed I did at that point.
Submitted: 7 months ago.
Category: Traffic Law
Expert:  Jo C. replied 7 months ago.

Do you have any other points?

When did you take your test?

Customer: replied 7 months ago.
sorry as stated earlier I already have 6 points on my license and I took my test in 2000
Expert:  Jo C. replied 7 months ago.

This is a speed just over the limit for a fixed penalty fine although they may well give you one anyway.

If they do not and they do summons to court then it would attract either 4-5 points. The guidelines do provide for much more but it is not appropriate here really.

You are not a new driver so this would not lead to a revocation of your licence.

There is a risk of 6 points and so disqualification under the totting provision but it is not likely here.

There would be costs of £85, the surcharge of roughly 10% of any fine and a fine of between 100-150% of your weekly income.

Can I clarify anything for you?

Jo

Customer: replied 7 months ago.
Thank you Jo, can the circumstances around my father in law act as mitigating circumstances and if yes, when I reply stating myself as the driver, should I include proof of that and explain the situation?Also would asking the police of proof of the offence impact me adversely in any way? as I am not sure if I was doing that speed.
Expert:  Jo C. replied 7 months ago.

Not really. It is not really a mitigating factor I'm afraid.

In fact, one could argue it is aggravating as it increases the risk to other road users that you were distracted.

You are perfectly free to put them to proof but the risk is costs which could be a nasty shock if you lose Im afraid.

Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69542
Experience: Over 5 years in practice.
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