Nockolds Solicitors recently acted for a driver at Southend Magistrates Court who had been caught speeding on the eastbound carriageway of the M25 at a speed of 107mph.
The Magistrates’ Court sentencing guidelines for speeding offences where the speed is over 101mph, provide that the starting point for a sentencing a driver with a clean driving record, should normally result in a disqualification from driving for up to 56 days.
Based on the mitigation put forward by specialist road traffic lawyer Dan Hart, the Magistrates were persuaded to impose six penalty points rather than ban our client from driving.
In considering whether to exercise their discretion in such cases, a court will take into account a number of criteria such as:-
- Did the defendant indicate he would plead guilty at an early stage? The courts give a reduced a sentence to those who save court time and public money by admitting guilt rather than being found guilty after trial.
- Were there circumstances which explain why the driver broke the speed limit? (Such as a genuine emergency)
- Was there any evidence of any unacceptable standard of driving in addition to the speeding?
- Does the defendant have a good driving record? Have there been any previous offences of speeding or other motoring offences?
- Are there circumstances that would mean a disqualification would have a particularly harsh effect upon the defendant? (e.g. loss of employment).
- Would a disqualification impact on innocent third parties? (such as elderly relatives who rely on the defendant for medical appointments)
Experience tells us that if there is proper preparation and presentation of your arguments, you may be able to avoid a disqualification and the consequential disruption to your life.
For more information on speeding offences and how we can help you, please contact a member of our Motoring Team on 01279 755777.