Uk speeding fine, is it worth pleading my case in court?

Question

I've been caught doing 40 in a 30 limit, it was at 01:30 in the morning, not in a residential area, And was rushing my wife to hospital who was in mid-labour. I've been driving 19 years and never had a point on my licence. Is it woth going to court to plead mitigating circumstances? When you've got a screaming woman next to you to "F****** hurry up" it's hard not to speed! Anyone else been in similar circumstances and if so how did you get on?

Answer 1

Just pay the fine and accept the 3 points...
it's just not worth the hassle....
besides if, in 19 years, you have never had points given to you....you won't risk losing your licence any time soon and after 4 years those points will be erased...

Answer 2

If you can prove that you were taking your wife to Hospital and it was an "EMERGENCY"!!!! then you will have a strong case. This is what the law books say.
CPS DRIVING OFFENCES CHARGING STANDARD.
DRIVING IN AN EMERGENCY SITUATION Section 4.5
When a member of the emergency services commits an offence while responding to an emercency call discretion should be used in deciding whether or not a presecution is needed. Generally, a prosecution is unlikely to be appropriate in cases of genuine emergency unless the driving is dangerous or indicates a high degree of blameworthiness. For example, a prosecution of a driver who causes a minor accident whilst responding to an urgent, life threatening , emergency may not be appropriate; but a prosecution may be appropriate when a serious accident is caused by an over enthousiastic driver responding to a less urgent emergency call in which life is not threatened. In each case it is necessary to weigh all the circumstances of the case, particularly the nature of the emergency known to, or reasonably percieved by, the driver and the nature of the driving.

4.6 There will be cases when persons who is not a members of the emergency services drive in an emergency situation. Examples include doctors who recieve an ugent call for assistance and a driver taking a sick child to hosptal. As with members of the emergency services, all circumstances of the case must be weighed, particularly the nature of the emergency known to, or reasonably percived by, the driver and the nature of the driving.

Hope this helps in you decision.

Answer 3

Here (Ontario, Canada) I have seen the Justice of the Peace in traffic court give a suspended sentence to situations that have mitigating circumstances (no fine to be paid) however there is still a conviction registered on your record. We call that "pleading guilty with an explanation". Too bad, I would have just told you to slow down and sent you on your way. Were you really rude to the police officer?

Answer 4

I would definitely go to court and have your say, just make sure you are very apologetic and state that whilst you appreciate that the rules must apply to everybody, your actions on that day were not representative of the way in which you usually drive - you felt pressured into getting your wife into hospital as she was in a great deal of pain.

Make sure you point out that you have an exemplary driving record and that this situation was a one off and will not be repeated.

It's worth a go anyway and if a policeman can get off scott free after doing 140mph because he was "familiarising himself with the vehicle" then I'd have thought you might be in with a chance.

Try and get a free half hour with a solicitor and see what their views are.

Answer 5

I would suggest going to the CAB for proper advice, but I'm pretty sure that you can get off a fine if you prove that you were driving in an emergency situation, which it sounds like you may have been. However, you may have to prove this. It may be easy enough to prove that you were on your way to hospital with your medical records, but if they try to contest you may have to prove that if you drove any slower she either would have been in medical danger or that she may have delivered on route.

As I say, I'm not exactly an expert so try chatting to someone who is. It may be easier to swallow the fine and points, but I understand that it could be a matter of pride if you have had a clean licence up to now and these were extenuating circumstances.

And if all else fails, go to the papers, they love a story like this!!!

Answer 6

Did you know that a lot of speed cameras are actually faulty anyway and sometimes even a drop of rain can make the speed reader flash random vehicles.

It's such a money making scam, I would definately write a letter and contest. A medical emergency if proved, surely they will be leniant.

What can you lose?

Answer 7

Speeding tickets are always about revenue, not safety. Too bad you Brits have thoroughly embraced Orwell's vision. It was supposed to be a warning, not a plan. Anyway, you should always go to court. In your case they might let you off, and if enough people fight the tickets it will become a cost center rather than revenue generator.

Answer 8

To be honest lodging is right. i've got had a a rushing effective from a digital camera (because of the fact i substitute into driving with the aid of Bournemouth and the fee decrease on the main perfect A highway with the aid of it is going up and down with out lots warning from speed decrease signs and indicators) and for somebody like myself who doesn'tchronic for a residing i could say in basic terms pay the effective. this is not nicely worth doing something. As he/she says it somewhat is a strict criminal accountability offence (meaning that your intentions are completely beside the point) and you're honestly in charge. i could wish your organization has an in-abode solicitor or has get entry to to an enterprise who's familiar with one in all those case so which you would be able to get suggested advice to no count if it somewhat is nicely worth battling it or not. you would be convicted the two with the aid of in basic terms paying the effective (legally this could be a fashion of "determining to purchase your self out of being formally prosecuted"), or with the aid of declining to pay and going to court docket, and in case you pick (and DO do this on criminal advice) to bypass to court docket, plead in charge and then cite your mitigating circumstances, which you would be allowed to do. the only difficulty to not do is to take it to court docket and plead not in charge, as you would be hammered. the only impressive spot on the horizon is that an offence like this turns into "spent" after 4 years below the Rehabilitation of Offenders Act 1974, and while it turns into spent you could shop on with to the DVLA to have the endorsement bumped off. it somewhat is why my licence seems sparkling.

Answer 9

Trouble nowadays nearly every one excepts fines.
Well i say don't go to court and plead your case
nineteen years without a point is worth fighting for
mines forty without a point so don't give in,fight it.

Answer 10

You don't say how you were caught speeding but I presume on camera because I am sure if it had been by police officers they would have escorted you to hospital as an emergency.