Fourth speeding offence in two years

Posted by Barry Culshaw on
T consulted Blake Morgan's Motoring Offences Team as she was facing court proceedings following commission of a fourth speeding offence within two years. T was driving along a section of dual carriageway in Hampshire at a recorded speed of 93 mph in contravention of the national 70 mph speed limit. The proceedings were brought by Hampshire Constabulary and the case was heard at Aldershot Magistrates' Court.

Barry Culshaw, a consultant and road traffic specialist with the Motoring Offences Team dealt with the case throughout. Pursuant to Barry's advice, a guilty plea was tendered, but the proceedings were adjourned for sentence as the court was considering imposing a period of disqualification pursuant to the totting up provisions.

When the matter came before the court, T advanced an exceptional hardship argument against disqualification. T was liable to a minimum period of disqualification of six months. The exceptional hardship argument was carefully placed before the court, in terms, in particular, of the exceptional hardship which would arise to T's children in the event of disqualification. T also attended a road risk and behaviour training course pursuant to Barry's advice. The voluntary undertaking of the course to address T's offending behaviour was also specifically taken into account by the justices when considering sentence.

In all the circumstances, the justices decided not to impose a period of disqualification. Instead, five penalty points were endorsed on T's driving licence. T was greatly relieved by the outcome. In particular, T expressed having derived considerable benefit from undertaking the road risk and behaviour training course highlighting three important factors in improving her driving skills. Firstly, lit 30 mph speed limits without repeater signing were now far more readily identifiable to her. Secondly, T heeded the advice of the course provider in avoiding using an automatic gearbox so that gear selection and engine noise enabled the vehicle to be in an appropriate gear for the speed limit at any given time. Thirdly, T expressed an intention to ensure that she drove less powerful vehicles in the future all with manual gearboxes.

This case demonstrates the importance of seeking specialist legal advice in this type of situation coupled with the determination of the client to address her offending behaviour by seeking specialist practical on road training.

About the Author

Barry Specialises in road transport law within our Driver Defence team. He represents clients facing allegations of careless/dangerous driving, driving with excess alcohol and speeding.

Barry Culshaw
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023 8085 7209

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