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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice.
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Speeding. 69mph in a 40mph limit in a re car while driving

Customer Question

Speeding. 69mph in a 40mph limit in a hire car while driving on a provisional licence.
Submitted: 11 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 11 months ago.

How can I help with this please?

Customer: replied 11 months ago.
What can I do?
Expert:  Jo C. replied 11 months ago.

To achieve what?

Customer: replied 11 months ago.
Minimum penalty.
What can I expect?
Expert:  Jo C. replied 11 months ago.

I presume you don't dispute the allegation?

Customer: replied 11 months ago.
No.
Expert:  Jo C. replied 11 months ago.

The driving without a licence will carry 3- 6 points and a fine of between 125-175% of your weekly income.

However, the speeding will attract either 6 points or a short ban of between 7 - 56 days. Also, the fine will be 125-175% of your weekly income.

I would imagine they would just fine you for one offence and add points or ban. A ban is more likely in the circumstances.

There will be costs of £85 and the victim surcharge of roughly 10% of the fine.

There is also the issue that they will charge for no insurance even if they haven't done it now. That will carry 6 points or a ban and a further fine although probably the entire conduct would lead to a ban and one single fine.

In terms of minimising the sentence, I'm afraid it is really too late now if you have sent the letter. You have aggravated the sentence several times over. If you have said that your husband wouldn't allow you to drive the Bench will perceive that as an excuse as ultimately only you were responsible for your driving licence. If you have said that you were driving a child around unlicensed and uninsured then that is not going to go down well.

Sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
I have not sent the letter yet, I have only written it trying to explain.
Expert:  Jo C. replied 11 months ago.

OK. That isn't too bad then.

You can submit written mitigation but you just want to be expressing remorse and emphasising your guilty plea.

Your account is an aggravating feature rather than a mitigating one. They may ask you about it in court and then you are stuck with it but there is no point in telling them before they have asked.

Customer: replied 11 months ago.
I am not able to attend court and am pleading guilty by post.
I have no childcare and can't take my 2 year old in to court.
Expert:  Jo C. replied 11 months ago.

In this case it would be better anyway.

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