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Aaron D
Aaron D, Barrister
Category: Traffic Law
Satisfied Customers: 568
Experience:  LLB, BPTC
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I am hoping to mitigate the severity of a penalty,

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I am hoping to mitigate the severity of a penalty, travelling 76mph on a 50mph stretch of road and curious what your thoughts are to my case.
At the time of the offence I was returning from my first school drop off since lockdown began. I would usually have taken my own car (Golf 1.4) but it was under a SORN at the time, so I had to borrow my partner’s car (BMW x3). The journey was on the A66, and is a route I typically travel many times a week and prior to lockdown there had been roadworks. My familiarity of the route, led me to believe the signs were left over from that, rather than a permanent change to the speed limit on the road. At the time of the offence there were very few vehicles on the road, which is highly unusual and would normally have been nose to tail at that time of the morning. In combination with a much faster car than I was used to driving, the speed got away from me and I was not mindful of reducing speed from the dual carriageway section or that the speed limit had been reduced.
This is my first speeding offence and I do take it very seriously. Despite the lapse in time to my receiving the NIP, the awareness that I was travelling at high speed has led me to become much more mindful of driving.
The offence happened on 9th June 2020, but my partner was only contact on 24th July 2020. According to the witness statement, the police received confirmation that my partner was the owner on 6th July 2020.
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: North Yorkshire
JA: Do you need to appear in court?
Customer: No I have been offered a single justice procedure
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No. Than you Thank you.
Customer: replied 5 days ago.
My DoB is 24.08.70 and have held a clean licence since March 1988

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Decisions on things like this are made by Magistrates who are basically ordinary folk fro the community who sit and hear many of these cases in a day, one after the other. They hear similar stories all day long (it wasn't my usual car, there were not many cars around/ I didn't appreciate the speed limit at the time). I'm afraid most of what you have outlined does not go down well with Magistrates.

You can say what you have outlined (briefly) but then say that you know these are not excuses and you hold your hands up for making the mistake.

You can see the guidelines here: https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/.

In my experience for a first offence you'd get 6 points rather than a ban. You will however get quite a hefty fine. A Band C fine is 1.5 times a weeks' wage. You'll get 1/3 off this for pleading guilty at the first opportunity. You will also pay £85 CPS costs and a victim surcharge which is 10% of the fine.

As to whether you will have to go to court or not, it is up to you. If you opt to use the single justice procedure you can just send in a letter asking for points rather than a ban. If they agree they will deal with it without you.

If they look at it and think they want to ban you they will invite you to come into court to discuss in-person at a hearing.

I hope this helps, I'm happy to answer any follow up questions you may have.

Customer: replied 5 days ago.
Thank you. My only other question really is regarding the time it took for my partner to receive the notice. My gut feel is that such an approach would not necessarily go down well - but if the magistrate is punitive, would it be possible to use as part of an appeal?

That makes no difference at all I'm afraid. The Police are entitled to time to fin out who was the owner/ who was driving.

Now you have the s.172 notice it is all about you, not what happened between the Police and your partner. I presume that as you've reached the SJP stage you have already admitted being the driver at the time.

Customer: replied 5 days ago.
I sent the form straight back. That's all understood. Thanks very much for your help. Janet

No problem, you are welcome.

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