Caught speeding at an ‘excessive’ speed? Here’s what you can do to avoid or minimise the length of a ban

Αccording to our noted road traffic defence barrister Sunil Rupasinha, this is what you need to do in order to avoid or mimimise the length of a ban. 

“Since specialising in the defence of road traffic prosecutions the enquiries I most commonly receive go something like this:

‘I have been caught speeding at 100 (plus) mph. Can I avoid a ban?’

What you need to know

The Bad News:  The Consequences 

  • Penalties for speeding include fines and either the endorsement of your driving licence with penalty points (3-6) or disqualification
  • Your insurance premiums over the next few years may well increase (by a significant margin if you are banned)
  • Penalty points endorsed on the occasion of your sentencing will be added to any other points endorsed for offences committed within three years of each other; if the total reaches 12, you will be liable for a ‘totting’ disqualification of a minimum of six months (unless you can establish ‘exceptional hardship’ in which case there is a discretion not to disqualify)

The Good News: You can mitigate the offence so as to avoid, or, at least, minimise the length of a ban

  • Indication of an early ‘Guilty’ plea helps to establish remorse
  • Set out your mitigation carefully (first in relation to the offence and then in relation to your personal background) 
  • where possible, obtain independent evidence (that you can show the court) in support of your mitigation 
  • Consider taking a driving course to establish that you have learned lessons in advance of your sentencing hearing (there are short courses available aimed at changing attitudes to speeding).  Production of a certificate to prove you have undertaken such a course can be beneficial.

Here are  some commonly encountered  ‘don’ts’ that do not usually go down well with the court

  • Obtaining a reference from someone (who was not present at the time of the commission of the offence) that says you did not speed deliberately: This is a sure way to annoy the court and, in any event, speeding without realising it is worse than doing so deliberately as it shows lack of attention
  • Claiming that you are a skillful driver who had full control of the vehicle: This tends to make the court feel you do not appreciate the gravity of the matter)
  • Claiming that your top of the range marque is so advanced it can be stopped more quickly than other ordinary cars: Don’t be taken for someone who thinks the law does not apply to him or her
  • Complaining of the consequences of being banned, for example, that you will have to take public transport: The court may retort, ‘that is why we ban people’!

Conclusion

For any lawyer who does not specialise in defending road traffic cases advancing mitigation in a speeding case can be a minefield of ‘dos and don’ts’.  I frequently find myself explaining to clients why some points, which they would like put before the court, will only aggravate their situation.  The best results are obtained by assessing all the facts, taking ‘on the chin’ those points which cannot be avoided, and, skillfully and persuasively making the most of the mitigation that is present.  In this way, even when speeding at over 100 mph, surprisingly good results can often be obtained.

Sunil Rupasinha - Traffic Defence Barrister

[Photo credit: exxodus via Foter.com / CC BY-ND]

 

 

Editor's picks

Jul, 2016
Robert Rhodes QC explains why mediation is often the best way to resolve disputes for direct access business and individual clients.
May, 2016
Chelsea may have made money by registering José Mourinho’s name and signature, but it missed a trick by not registering his image, writes leading IP barrister Mark Engelman
Jun, 2016
Nick Singer is an employment barrister. He has been involved in countless unfair dismissal and discrimination cases, many of which went to Tribunal. Here he gives some helpful tips for disciplinary officers in organisations both large and small.