Are there ever any mitigating circumstances allowed for speeding offences ?

[jackthehat]

My son was caught by a Gatso at 39mph in a 30mph area.
He realised that he had been snapped by the camera, at the time, and the NIP arrived this morning.
Does he just have to bite the bullet and pay the fine, etc. or would it be worth his while explaining the circumstances in mitigation ?

Advice, please, not sermons......

Thankyou

[Buenchico]

Speeding is an 'absolute' offence. If you're caught driving at 30.1mph in a 30mph zone, for just 0.1 seconds, you can be prosecuted for it. However prosecutions can be dropped when it's 'not in the public interest' to proceed with them. For example, if a doctor was caught driving at 39mph, in a 30mph zone, he might well avoid prosecution if he could show that he was rushing to attend a serious road traffic accident, with his vehicle's green lights flashing while driving on a deserted road at 3am. However most of the common excuses for speeding (such as being late for work) won't carry any weight when considered by the relevant authorities. Don't bother trying any of these excuses:
http://www.theregister.co.uk/2004/12/02/speeding_excuses/

Chris

[Buenchico]

PS: I've just noticed that you've posted your question in the 'Civil' subsection of 'Law'. Speeding is a CRIMINAL offence, just as much as shoplifting is.

Chris

[jackthehat]

Neither he, I nor anyone in my family has ever received one of these before, Chris, so I don't know what to advise him to do for the best.

On Saturday, my Dad was gravely ill in hospital, in Intensive Care, after an operation and complications. The ward-sister rang my son to 'suggest' that he make his way to the hospital as soon as possible to see his grandad; he was in Leeds at that point.
The speed-camera that my son 'tripped' was within 200 yards of the hospital, here in Blackpool.

If this IS considered to be a 'mitigating' circumstance, how is he best to go about establishing it ?

Thanks. :o)

[Buenchico]

I think that your son should probably 'bite the bullet'. The staff who process speeding fines might be permitted to waive notices of intended prosecution under certain very limited circumstances but I suspect that they won't have the discretionary powers to let your son off. All they could do would be to let the matter go to court, to see what view the magistrates would take. If your son was to admit to driving at 39mph, due to rushing to get to the hospital, it would suggest to the magistrates that he'd probably ignored the speed limits all of the way between Leeds and Blackpool. That's likely to make matters worse, rather than better, resulting of a fine of 75% of his weekly take home pay, plus costs (of perhaps £60) plus a £15 'victim surcharge', as well as 3 penalty points on his licence:
http://www.pepipoo.com/Magistrates_guidelines.htm

Chris

[jackthehat]

Thanks, Chris.
I appreciate you taking the time to help. :o)