37mph in a 30 zone at 01:37am. Should I accept 3 points and £60 fine or got to court to dispute it?

Question

Do you have any advice that I can use in my mitigation if I go to court please?

Answer 1

dont accept this outrage, tell them to go catch real criminals

Answer 2

It will ultimately be a judgment call for you to make. A person who was not there at the time (us at Yahoo) cannot really answer with complete confidence in the answer, because the speed 'numbers' don't often tell enough of the story. It's possible, and it does happen, that a person can be cited for driving at an 'unsafe speed' when traveling at 30 mph in a posted 30 mph zone. That's because the traffic, roadway and weather 'conditions' also affect the determination of safe speed. If there were any unusual conditions in your situation, it could have affected the decision to give you a citation. Or it may not have. It may have been just simple, strict enforcement.

You need to consider your options and decide based on what you know if it.

Answer 3

Consider this: What evidence did the police have? A speed camera scan can be disputed, and if can prove diffraction of the laser scanner (i.e. scan affected by environment resulting in stationary object registering a speed), you can perhaps contest the charge. However, by the time you are done, you would have to pay more that £60, but rather:

Barrister in Magistrates Court: £500 per day
Scientific research as per scanning location at proper time: at least £500
Additional costs will most likely push you over the £2000 line, so take the fine.

Answer 4

Yes you should. You were breaking the law.

I know it sounds harsh, I have been on the receiving end myself but couldnt argue as I was over the limit and I knew it.

Also, ask yourself, how often do you drive at the limit ... is it perhaps time you were caught? I know that 99% of people on the road are guilty so 3 points is probably a fair cop compared to what you would get if they took EVERY time you broke the limit into account ;)

As for mitigation .. I would leave well alone .. if you try and worm out of it, you might end up being made an example of.

Answer 5

There is no technicality you can rely upon and any pleas in mitigation will fall on deaf ears. The speed limit applies at all times. You were way over the speed limit. Don't waste your time going to court or even bother spending money on a lawyer. Pay the fine, take the points and slow down in future!

Answer 6

If you are guilty of the offence and demand a Court hearing, the Magistrates will not be any more lenient and in all probability, will increase the penalty knowing full well that you have already rejected the Fixed Penalty option.

The website www.motorlawyers.co.uk details when raising a plea of mitigation is appropriate etc.

Answer 7

The question is, how did you get caught?
Camera ?, should have seen it if it wasn`t hidden.
Hand held radar, they had nothing better to do.
Being followed and clocked, well, they didn`t have anything better to do, but you have really been given a ticket `cos you didn`t see them behind you, if this is so, a salutary lesson, keep an eye on that mirror and whats going on around you. As you don`t have any mitigating circumstances, pay up and look big `cos at the end of the day, you were speeding.

Answer 8

You broke the speed limit, accept it.

Its not up to you to decide if laws don't apply at certain times of the day or night.

Since moving to near north wales I've got 6 points this year ( 64 in a 60 and 32 in a 30) - after 20 years of a clear licence....you can't fight it, just admit it, you have no defence.

Answer 9

This is an SP30 offence, which could carry 6 points and a fine of up to £200 plus costs, accept what you've been given.

Over 90% of people who go to court to challenge loose and always end up with their name in the local paper.

If you've already got points and this becomes a ban, then the ban could be longer if imposed by a court.

Answer 10

I would accept it if i were you.
Sure its probaly wrong that the law has in this case not got any common sence but by going to court you will be wasting tax payers money and will get an even bigger fine and have to pay the courts costs, and still get 3 points!
Bad luck dude..... The points will get takien off your licence in a few years anyway and they wont affect your insurance cost that much at all, i wouldnt worry about it to much, unless you already have 9 points on your licence *;)

Answer 11

Don"t waste your time, you will get nowhere. the only time you can plead mitigating circumstances is if you murder someone or mug an old lady etc.etc. just because there was probably not another vehicle in sight and no pedestrians will not mean F/A to our authorities. Pay the fine and better luck next time. {Pissed off Motorist}