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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71137
Experience:  Over 5 years in practice
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Do I need to provide mitigating circumstances for a driving

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Do I need to provide mitigating circumstances for a driving offence if I have a clean licence?

Can you explain your situation a little more?

Customer: replied 1 year ago.
In Dec 15 I was caught speeding 66 in a 40mph zone. I have a court hearing on 21 sept and elected to plead guilty by post. There is a mitigating circumstances section but I'm not sure if there is any value in filling this in as I have a clean licence

What would be your mitigation?

Customer: replied 1 year ago.
If I were to put something on paper I would say that I have clean licence and I had momentary lapse of concentration on a familiar stretch of road that goes from national speed limit to 40mph for 1/3 of a mile and then back to national speed limit

Was it late at night?

What were the traffic conditions?

Customer: replied 1 year ago.
Fine weather conditions
Damp rd
Moderate rd conditions

Was there heavy traffic?

Customer: replied 1 year ago.
The traffic report says moderate but it was light in my opinion

OK. When did you pass your test?

Customer: replied 1 year ago.
Sept 1988

Sorry for the delay.

There is always value in adding mitigation as long as it really is mitigation rather than aggravation.

You need to include things like the shortness of any distance driven at speed, the absence of heavy traffic, the clemency of the weather and absence of vulnerable road users.

Also, you need to emphasise your hitherto good record which is of a substantial nature if you have been driving since 1998.

Can I clarify anything for you?


Customer: replied 1 year ago.
Can you clarify what you mean by the shortness of any distance driven at speed please

I'm not sure how to express it differently.

The shortness of the distance driven.

Customer: replied 1 year ago.
understood. Thankyou

No problem and all the best.

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Customer: replied 1 year ago.
Hi Jo. Just wanted to share the outcome of my case - 6pts and £811 fine - to be honest I expected the fine to be bigger so not so bad. Thanks again for your advice

That is a little on the high side actually. I suppose it could have been worse. At least it was 6 points!!

Glad you are happy.