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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71342
Experience:  Over 5 years in practice
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My 19 year old son who has had his licence for just less

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My 19 year old son who has had his licence for just less than 2 years had an altercation with some youths in a car and sped off to avoid them further. He was caught on a police video van doing 61 mph on a 40 mph dual carriageway in Leeds.
At the time he submitted his NIP he put in a letter of mitigation as above but has been given a conditional offer of a fixed penalty of 3 points and £100 fine.
He would happily go to Court to mitigate but is concerned a Magistrate could increase the points if not successful. Is that a risk he runs if the matter went to court?
Thank you

Hi what is the mitigation he thinks he has please?

Customer: replied 6 months ago.
He felt threatened by some lads and didn't want it to escalate further. If he goes to Court and gets 6 points he loses his licence so could be quite risky but he feels some injustice although accepts he was speeding.
Thank you.
Customer: replied 6 months ago.
Is this enough information? He was driving out of his school and thinks they were picking on school children out of some jealousy!

Are you asking what sentence he will face at court?

Customer: replied 6 months ago.
I want to know if he goes to court and pleads guilty to the speeding but explains why, can a magistrate give him more than 3 points if he doesn't accept the mitigation. Not worried about court costs and fine but would not want to loose his licence if the magistrate is able to issue 6 points.

oh I see. Yes, and they will.

For 61 mph in a 40 mph zone you would be facing either 4-6 points or a short ban.

He is at the highest end of the sentencing bracket so would probably be facing 6 points and a fine.

Take the fixed penalty. It is far lower than he would get at court.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
That is very helpful. No doubt his insurance will go up!
Thank you

No problem and all the best.

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