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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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My son as caught twice by a mobile speed camera. He believed

Customer Question

Hi. My son as caught twice by a mobile speed camera. He believed the speed on the road was 60mph, but it's not, it's 30. He has a conditional offer for one offence for doing 44mph, and has been told he will be going to court for the other as he was doing 55mph.
Can both offences be deal with in court? My son is a carer - he was heading to one of his clients, then on to another. He has been advised to accept the conditional offer and then ask the court to consider a short ban and bigger fine rather than additional points to avoid pricing him off the road and stopping him from being able to work. Vulnerable people depend on him for their care needs. He has held his licence for nearl 3 years, is 25 and his licence is otherwise unblemished. Further advice has now been given to ask for both offences to be considered. My son's work schedule that day (or most days) do not allow travel time - one call fineshes, the next starts at the same time. The road he was on is a new road leading to a housing estate - no lamps, buildings or anything. Not sure what to do for the best
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Are you asking what sentence he will get?
Customer: replied 2 years ago.
yes, but also if it would be better - and possible to have both offences dealt with by the court
Expert:  Jo C. replied 2 years ago.
Why does he want both offences dealt with in court?
Customer: replied 2 years ago.
it has been suggested he could get less points that way - we are trying to limit the damage to his driving licence - and keep him in work
Expert:  Jo C. replied 2 years ago.
Whoever is advising you is giving advice with which I cannot agree I'm afraid. It is actually amazing they are offering the conditional penalty as 44mph in a 30 mph zone would normally attract 4-6 points or a short ban and a much higher fine.He can get both matters into court. All he has to do is refuse the conditional offer and wait for the summons. I suppose there is an outside chance that they would forget to summons. It does happen sometimes but it can't be relied upon.If the hope is that the court will sentence for both offences concurrently then that is not going to happen. These are two separate incidents and they would lead to separte consecutive points and even the principle of looking at the total of the sentence really doesn't help much here as we are only talking about points and a fine.In terms of his work, he should not be banned for these offences. It is possible that he could be banned for either offence for a short time but it is not likely. For 55mph in a 30mph zone he would get 6 points. The earlier matter is a fixed penalty so he would only get 3 but even if he went to court he would only get 4 or 5 points.That does place him on the cusp of a ban but not there yet.Can I clarify anything for you?Jo
Customer: replied 2 years ago.
Thanks - I think some advise was given because the 2 offences happened within 20 minutes of each other. he was going to a call then on to another one. how big is the fine likely to be for he 55mph offence? I know it can be up to £1000, but I was told it was not likely to exceed 1 week's pay
Expert:  Jo C. replied 2 years ago.
That is an interesting point.There is actually no caselaw covering it. the offence of speeding is made out when a driver passes the speed limit at any time. It does not depend upon them passing a detection device. The detection device just gathers evidence of the offence but is not a central element.Therefore, arguably, there is no justification for brining two separate charges if the incidents were proximate in time.
Expert:  Jo C. replied 2 years ago.
Because they can't prove that the speeding wasn't one continuous act.The higher courts havent considered the issue but I rather suspect the response from the Crown would be to charge it as a dangerous driving as there is a more prolonged incident of speeding.
Customer: replied 2 years ago.
T assume dangerous driving is a far more serious offence and would carry a higher penalty. What is the penalty likely to be foe the 55mph offence?
Expert:  Jo C. replied 2 years ago.
It is likely to be 6 points and a fine.They can ban for a short time but they won't.
Customer: replied 2 years ago.
ok so will he have to appear in court? Or can it be done by post?
Expert:  Jo C. replied 2 years ago.
They probably will summons him for consideration of disqualification.Generally speeding offences can be dealt with by post but they will want him to attend.