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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 22618
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I'm Christiana I would like to appeal against 6 points

Customer Question

Hi I'm Christiana
I would like to appeal against 6 points going on my licence which the judge sentenced me to in my absence of the hearing
I wanted to attend the hearing but couldn't go because my toddler was sick
Basically I got caught by a radar gun doing 70 mph in a 50 mph zone on a dual carriageway going towards the national speed limit sign
I got distracted by an argument I was having with my partner in the car and thought I had already passed the national speed limit sign. In fact I was already passed it when the traffic police stopped me
Submitted: 2 years ago.
Category: UK Traffic Law
Customer: replied 2 years ago.
I have an email address for the appeal to be sent to but I'm not sure who to address it to
Expert:  Stuart J replied 2 years ago.
I’m going to be brutally honest with you and tell you that based upon what you’ve just told me, it’s a waste of time appealing. Speeding is an offence of strict liability and if you admit you were speeding you have no grounds for appeal.Further, you shouldn’t be distracted by an argument you’re having with your partner otherwise there is a potential offence there of driving without due care and attention. You are supposed to give 100% of your attention to your driving.I must tell you that based upon what you tell me, I would save the stamp!I’m sorry, I appreciate this isn’t the answer you wanted but nonetheless, does it answer the question?Can I answer any specific points arising from this?
Customer: replied 2 years ago.
I think 6 points is excessive. Given the fact I wasn't speeding deliberately and I've been driving for 23 years with out any previous motoring convictions
Expert:  Stuart J replied 2 years ago.
I’m afraid that 23 years without any convictions and the fact that you were not speeding deliberately don’t necessarily mean that you have grounds for appeal.
As I said earlier, speeding is an offence of strict liability and therefore, if you speed, whatever the reason, you commit an offence.
70 mph in a 50 limit is not just over the limit, it’s classed as excess speed and bordering on driving without due care and attention and if you had been doing 75, you could have faced a disqualification as you will read here
http://www.drivingban.co.uk/drivingban/speedingoffences/drivingbanspeedingoffences.htm
By all means appeal but I would be surprised if the penalty was reduced. Sorry