Hi, im filling out a mitigating circumstances form for a speeding charge. And whilst youre trying to avoid a speeding ticket, dont be tempted to reach for your phone mobile phone penalties doubled. There is no flexibility on this and thus a plea of mitigation is not relevant. The court should determine the appropriate level of fine in accordance with this guideline and section 164 of the criminal justice act 2003, which requires that the fine must reflect the seriousness of the offence and that the court must take into account the financial circumstances of the offender. Special circumstances considered with motoring offences. The court should then consider further adjustment for any aggravating or mitigating factors. What youre searching for is mitigating circumstances to avoid getting a ticket. Speeding ban calculator geoffrey miller solicitors. Fightback forums my mitigating circumstances advice. Please advise possible and likely outcomes and advice re. I would like to say how utterly ashamed and embarrassed i am by. Mitigating circumstances firstly i would like to apologise for not appearing before you in person, this was a personal decision as i am not great at public speaking and i feel my words will be better received in writing. However, if you accept that you have committed an offence, but seek to have your personal circumstances considered by the court prior to punishment, you will be given the opportunity to enter a plea of mitigation.
The magistrates court sentencing guidelines are a tool used by the magistrates to decide on penalty. A court summons arrived since the police rejected our mitigating circumstances letter. If the driver had not had any previous speeding tickets or not had one for three years, there is a good chance he or she can appeal the ticket. At burton copeland, our driving offence team is dedicated to defending those who have been accused of committing a speeding offence. Speeding fines how much you now have to pay rac drive. Please advise possible and likely outcomes and advice re mitigating circumstances. Special reasons the motoring law arguing special reasons. Some might argue that good visibility, low traffic volume are mitigating circumstances and are probably worth mentioning only if true obviously. Mar 29, 2012 i got a speeding fine a couple of months back and i sent the form back. You can be asked for your financial details and may have to complete a means enquiry form.
How to beat a speeding fine the legal way thousands of drivers every year could avoid fines and penalty points by contesting a speeding charge. Writing an apology letter to court sydney criminal lawyers. They include some factors which are integral features of certain offences. Speeding revised 2017 road traffic regulation act 1984, s. You can also request to contest the matter or have mitigating circumstances considered in court. If i am convicted of speeding offence am i able to apply for a special hardship order. Exceptional hardship mitigating factors in speeding offences february 19, 2019 0 comments in blog by shaun exceptional hardship is frequently pleaded in speeding offence cases where it can be shown that it would have a detrimental effect on a persons business or employees jobs. I want to submit mitigating circumstances but am worried if the court does not.
If youre looking to challenge a speeding offence at court, or before it reaches court, we highly recommend you speak to a solicitor. Our speeding offence lawyers will investigate whether the police have followed regulations, keep your rights protected and mitigate all circumstances to minimise any penalties. Hi all, got done speeding 65 in a 30 and now have to submit my mitigating circumstances on the single justice procedure. Circumstances that tend to lessen the culpability of a defendant. An apology letter to court is one way the judge can hear what sense you have made of your offence, and whether or not you acknowledge it and its consequences, and are remorseful for your actions. This can ultimately help to reduce the penalty you face. Just wondering if anyone can feedback on my proposed statement. Guideline users should be aware that the equal treatment bench book covers.
You will get an invitation to plead g by post and the reply form contains a. In 2016 we predicted that the penalties for using your mobile phone while driving and remember, you dont have to be moving to commit the offence were set to double in 2017, and we were right since march 1, 2017, anyone caught using a mobile phone behind. All court cases are different, with specific circumstances that tend to either make the crime or wrongdoing more odious, or which lighten the defendants blame. I prefer to write a letter instead of appearing in court. The most common offence committed by the motorist is speeding. If your speed was over the speed limit but low enough, you can, on a oneoff basis, be offered the option of a speed awareness course. If youre caught driving over the speed limit on a uk road and youre stopped, you can be given a fixed penalty notice fpn punishments if your speed was below the minimum speed for prosecution. In your statement of mitigation youll be able to outline. Was the speeding offence associated with the commission of another offence.
Speeding defence solicitors speeding lawyers burton. Fightback forums court summons and letter of mitigation. I was after some advice from anyone with experience, what is the best way to approach this matter in court or by post. This is particularly true if you were considerably over the speed limit and are being dealt with by. If you are caught committing a speeding offence, you may be offered the chance to take a speed awareness course. I got a speeding fine a couple of months back and i sent. However, we are always happy to guide you about possible penalties without any charge. One of the most important skills any defence solicitor or barrister should possess is the ability to present an eloquent plea of mitigation on behalf of hisher client. Speeding to a family emergency or even desperate for the toilet might go some way in mitigation. For more serious offences, or disputed cases, attending court. Mitigating circumstances are factors in the commission of a crime that lessen or reduce its moral. Section 21a factors in addition to any act or rule of law. I have been summoned for a speeding offence 6 in 30 zone.
Speeding is the most common driving offence in the uk and the offence the majority of us are likely to commit. I remember the incident as another car thought i had pulled out too quick in front of them and gave me a rude sign. If you have any questions about the guidelines, please call us. The only way to get out of a speeding ticket is to prove that it was issued by mistake. You either take the proposal or if you wish to argue about the level of finepenalty points, you reject the offer and demand your day in court which will result in a summons being issued. A magistrates court can lower or raise the fine, if felt appropriate, given your means. Speeding fines, tickets and penalties explained which. Ive typed up a letter, could i print it out and staple it to this, or cut it out and glue it onto this. Mitigating circumstances therefore can be taken into account by a magistrate or a judge in reducing the sentence that would otherwise apply for the offence. If you meet the criteria for a special hardship order then you are. Sep 14, 2015 definition of mitigating circumstances. Any other circumstances the court considers relevant.
Aggravating and mitigating factors in driving offences aggravating and mitigating factors. I got a speeding ticket in hawaii going 73 in a 55mph. Should you admit but explain mitigating circumstances in. However, you can plead mitigating circumstances, such as if you were driving someone to hospital in an emergency. If you are caught speeding the police have a number of options as to how to proceed. Driving bans for speeding can last anywhere from 7 to 56 days, varying according to the facts of the case and whether there were any mitigating circumstances for example, if you were under duress at the time.
Jun 25, 2015 how to beat a speeding fine the legal way thousands of drivers every year could avoid fines and penalty points by contesting a speeding charge. Police speeding procedure police options for speeding offences. Jul 16, 2008 i prefer to write a letter instead of appearing in court. Aggravating and mitigating factors sentencing council. Mitigating circumstances are what you believe makes this offence something other than what it appears. Sep 24, 2008 i have just received a parking tickets for speeding. It also gives details of mitigating circumstances applicable to both the offence and the person, in order to seek to persuade the court to impose a more lenient sentence. Massachusetts i was stopped going 58 in a 35 zone which i doubt, but i screwed up by blurting out, im sorry i know i was speeding before the cop said anything.
Speeding ticket speed or mitigating circumstances my question involves a speeding ticket from the state of. Guilty with mitigating circumstances if you arent facing a driving ban, you can usually plead guilty by post. My father has a clean driving licence for over 35 years and counting, with no previous motoring or criminal offence for that matter. But i received a court summons yesterday because of the speeding fine. Jan 21, 2015 speeding charge mitigating circumstances form advice. All you can really say in mitigation is to point to the absence of anything to aggravate the offence if true, eg clear dry road, little traffic, no pedestrians etc. I got a speeding fine a couple of months back and i sent the form back. Mitigating circumstances definition, examples, cases. Speeding offence solicitors speeding offence lawyers. This is particularly true if you were considerably over the speed limit and are being dealt with by way of summons. Writing a speeding ticket appeal letter with sample. Whether youre eligible for an awareness course varies depending on which.
What is classed as mitigating circumstances for driving. Examples of factors which might aggravate the offence to 175% include speeding while towing a caravan or trailer, speeding near a school or with a high level of. Got done speeding 65 in a 30 and now have to submit my mitigating circumstances on the single justice procedure. Mitigating circumstances are matters that the court can take into account in determining the appropriate sentence of an offender in sentence proceedings. Which one is more likely to get me off or at least lessen my fine. The circumstances of every case are different and whilst there may not always be a legal defence available to you, there may be an opportunity to argue that a special reason exists in your case.
Mitigation takes place following conviction or a guilty plea. Speeding allegations can be resolved in the following ways. The letter informs the court that the person wishes to plead guilty by post in order to avoid having to attend at court on the date indicated in the summons. Lots to learn from that, including excuses for speeding. There are no mitigating circumstances for speeding. I have been summons to court for a speeding offence which occurred. Mar 17, 2011 i have been summoned for a speeding offence 6 in 30 zone. It doesnt matter if you didnt realise you were speeding, didnt know the speed limit or you were only speeding for a moment.
The majority of people speeding will be classed as committing a minor offence and will still receive a fixed penalty notice fpn of a. Free online speeding calculator to determine the potential penalty, including. Notice of intended prosecution bedfordshire police. It will calculate the anticipated outcome and set out. Speeding charge mitigating circumstances form advice. I have just received a parking tickets for speeding. If you plead guilty, you will be offered the opportunity to explain the mitigating circumstances, including your attempt to pay. Free speeding calculator designed to give you immediate confirmation of the likely penalty for a speeding offence, subject to your circumstances and stage of case.
Lets go back to the case of the traffic stop, where your excuse may not actually mitigate your circumstances. Understanding different driving offences and the penalties. If you know that you were speeding and are intending to plead guilty, it may be worthwhile to try to plea for a lower sentence due to mitigating circumstances. Exceptional hardship mitigating factors in speeding. Once you have admitted the offence, a document offering you the options available will be issued. Yes, the sentencing council has issued a selection of factors which courts must take into account that can increase the seriousness of the offence, or provide mitigating circumstances. I believe i have mitigating circumstances but am unsure of what to do and need some advice. A person is guilty of the offence of aggravated dangerous driving. I would like to say how utterly ashamed and embarrassed i am by the speeding offence ive committed. Below are the magistrates sentencing guidelines for speeding offences. Our specialist knowledge of traffic law, combined with our courtroom experience, enables us to consistently achieve outstanding results in speeding cases, whatever the situation. Steering clear of motoring and driving offences the aa. If you were undertaking the circumstances might not make that an offence. This may include the option of accepting the conditional offer of fixed penalty or attending an educational course this is subject to strict criteria.
The speeding ban calculator below will give you a rough idea of the penalty you could face. If a speeding offence is prosecuted before a magistrates court, the penalty for speeding is a maximum fine of. If the case is referred to court, how you can mitigate. If the driver had not had any previous speeding tickets or not had one for three years, there is a good chance he or. Fightback forums mitigating circumstances for speeding. Jan 21, 2015 hi, im filling out a mitigating circumstances form for a speeding charge. The court is required to have regard to a number of factors in deciding the appropriate penalty. The police may give you the option to attend a speed awareness course for which you have to pay. The car was following me and as it was early and only a few cars on the road, i was not being as careful as usual. On conviction of a driving offence, the court will then consider an appropriate sentence to impose on the defendant. Courts take account of the seriousness of the offence, any mitigating circumstances, previous convictions and your means. I have been summoned for a speeding offence 60 in 30 zone. Attending a speed awareness course at the discretion of the police accepting a fixed penalty of 3 points and.
A special reason is a unique circumstance that is relevant to your case and directly related to the commission of the offence but does not amount to a. In the majority of cases the proposal is 3 penalty points and. You dont have to instruct a solicitor or barrister to. Speed may be taken into account as an aggravating factor where it is. If you are pleading guilty, or are found guilty, of a motoring offence such as speeding and this brings your total amount of points to 12 penalty point or more then the magistrates are meant to disqualify you for at least 6 months. It is important to understand that a plea of mitigation is not and cannot become a defence. May 08, 2020 speeding tickets can be very expensive. The lists below bring together the most important aggravating and mitigating features with potential application to more than one offence or class of offences. I am a new driver having just passed my test in october 2008. Should you admit but explain mitigating circumstances in traffic court my question involves a traffic ticket from the state of. Along with the fine, the drivers insurance rate may also increase, causing higher premiums for a few years at best. Caught speeding what happens in a magistrates court. I have a form with dotted lines which im supposed to fill out by hand. Speeding offences it is an offence under the road traffic regulation act 1984 to exceed the speed limit for a vehicle of the class that is being driven.