Speeding Mitigation in Chesterfield
Chesterfield crime solicitor David Gittins recently represented a member of the Armed Forces before Chesterfield Magistrates Court caught speeding.
Speeding at 80 mph in a 30 mph Zone
Our client had been charged with speeding having been followed by a police car driving at 80 mph in a 30 mph zone. Whilst being caught speeding and the associated risk of a driving disqualification would worry most people, the impact on this individual, who needed his license to maintain his career, was perhaps greater than most.
David’s client, who was only 19 years old at the time, was driving along the Dronfield bypass towards Sheffield. He was travelling through road works where the speed was reduced to just 30 mph. With the exception of one car following the defendant, the roads were very quiet and there were no workers in sight. It was only when the police car lights went on that the Defendant realised he had made a terrible mistake.
Our client was compliant with the police, apologised, and was summonsed to Court. In the interim he had to tell his employers, the British Army, about his error. Whilst the Army were supportive of the Defendant and sent a superior officer to Court to support him, it was clear that if the Defendant lost his license for a substantial period he would also lose his job.
This was because David’s client was a tank divers in the British Army and needed his license to continue doing so. He was due to start operational training early in 2017 before being placed on stand by to be stationed at any war zone around the world the thereafter.
Speed Was Outside the Guidelines
David took instructions at court and explained that when it comes to most driving offences the Court follows set sentencing guidelines. In this case when driving in a 30mph zone the sentencing guidelines only go up to a presumed speed of 60 mph, the defendant’s speed was literally off the chart!
Notwithstanding this, David began taking details for mitigation from him including details of all his training to date, the excellent military service he has undertaken so far, and personal mitigation relating to his non-military life.
In court our client pleaded guilty and David then set about his task of keeping the driving ban, which was inevitable, to the absolute minimum. David addressed the court at length about the naivety of the defendant, his personal mitigation and the impact of losing his driving license for an extended period.
Short Disqualification
After hearing the mitigation the court sentenced the David’s client to a disqualification of just 40 days before imposing financial penalties. He was delighted with the outcome and his Superior Officer confirmed his job would be safe. The Magistrates, understanding the position, even wished him well in his future career.
Many people think they will never need a Criminal Solicitor but this goes to show the impact a solicitor can have even in more minor cases. Without David his client may not have had the skills to present his case to the court and ensure his promising military career could continue.
Contact David Gittins
If you have any Criminal matters before the Court or Police Station, including road traffic matters, and wish to instruct David please contact his through the Chesterfield Office 01246 283000 or email her here.
