Minimal penalty for Mr H following speeding at more than 100mph

Successful Pleas in mitigation can reduce the sentence of a driver prosecuted for a motoring offence, even when the driver pleads guilty.

Mr H was the owner and manager of a high profile racing team.  On his way home one evening he was pulled over by police officers and charged with speeding after traveling along the motorway at over 100mph.  Mr H was aware of his speed and there was no question over evidence. 

Having seen similar situations on the news and speaking to his friends, Mr H believed that because he was going so fast he would receive an automatic disqualification from driving of at least 28 days, and possibly up to six months, along with points added to his licence. 

What we did

We advised Mr H to plead guilty at the first opportunity in order to show his willing to cooperate with the Crown Prosecution Service.  We then made representations in mitigation to the magistrates, including advising them of the good work Mr H does for the promotion of safety with younger motorcycle riders and the fact that he had no penalty points on his licence.

We also pointed out to the court that Mr H was the manager of the team and without his driving licence he would be unable to attend race days and exhibitions, which were the main source of new work.  Without this it was likely his 30 employees could lose their jobs.

How did it help?

Mr H received only a 14 day ban and £235 fine.  After the 14 days, Mr H was allowed to drive again and had no penalty points on his licence.  As a result, Mr H could continue attending shows and get new work for himself and his staff.

Who dealt with the case?

The case was handled by Michelle Ogunlaja, who has experience in litigation matters, including motor defence cases.

Comment on case

Michelle was delighted to secure such a lenient sanction in the face of adversity.  Mr H could have been disqualified from driving for several months and/or been given six penalty points, but by concentrating on the arguments for the plea in mitigation this was heavily reduced.

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