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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice.
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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: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year 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 1 year ago.

On what basis?

He doesn't deny speeding I presume?

Customer: replied 1 year ago.
No. What he queries is that this is one offence, not two.
Expert:  Jo C. replied 1 year 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 1 year 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 1 year 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 1 year ago.

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

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