How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

My son received two speeding fines. They were issued on the

Resolved Question:

My son received two speeding fines. They were issued on the same day, 3 minutes between each offence and travelling in the same direction. He was offered speed awareness courses for both. Being honest, he pointed out to the Somerset Traffic enforcers that he was aware he couldn't take two speed awareness courses in quick succession and that he had been advised that this could be considered as one offence.
They have now written to say he can take a speed awareness course for one, and pay the fine for the other or go to court.
What would you advise?
Submitted: 7 months ago.
Category: Traffic Law
Expert:  Jo C. replied 7 months ago.

What would you like to know about this please?

Customer: replied 7 months ago.
Should he accept that these are two separate incidents? Or got court to challenge that view? Otherwise although originally offered two speed awareness courses, he must now pay a fine and accept the licence points
Expert:  Jo C. replied 7 months ago.

On what basis?

He doesn't deny speeding I presume?

Customer: replied 7 months ago.
No. What he queries is that this is one offence, not two.
Expert:  Jo C. replied 7 months ago.

Two.

He passed two different points of enforcement. That is two separate offences.

He could try to argue that it was one continuous act of speeding at court. He would lose but then he could appeal the decision. There is no case law on that particular point largely because nobody has raised appeal upon it.

That said, in practical terms, it would be pointless as it would cost far more to get clarification on the point that he would save even if they only prosecuted him for one offence.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 7 months ago.
Thank you. That's very clear. I'm sure financially he would prefer to settle the fine. We had received previous opinion (not from yourselves) that this should be considered as one offence but your clarification suggests otherwisw
Expert:  Jo C. replied 7 months ago.

Well, there is a debatable point.

There isn't case law on it.

I strongly suspect the higher courts would reject it if it were before them but until somebody bears the risk of costs we will not know for certain.

Expert:  Jo C. replied 7 months ago.

You can always ask them not to prosecute both on a public interest basis but it is not likely that they would agree.

Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69790
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    3084
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3084
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    6
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    130
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor/Partner

    Satisfied Customers:

    80
    Partner in national law firm
  • http://ww2.justanswer.com/uploads/AM/amesaw/2016-10-14_195646_fgrimsleeperc.64x64.jpg Jamie-Law's Avatar

    Jamie-Law

    Solicitor

    Satisfied Customers:

    43
    Solicitor
  • /img/opt/shirt.png LondonlawyerJ's Avatar

    LondonlawyerJ

    Advocate

    Satisfied Customers:

    12
    I am a solicitor with particular expertise in road traffic law.