Mitigating Circumstances - Letter to Magistrates

If you seriously are going to give up motorcycling, why don't you ask the Judge to remove your Motorcycle Entitlement from your licence. I know it's drastic, but it at least shows that you are not going to repeat your mistake, and might save you a ban.

Originally Posted by muddycoffee

If you seriously are going to give up motorcycling, why don't you ask the Judge to remove your Motorcycle Entitlement from your licence. I know it's drastic, but it at least shows that you are not going to repeat your mistake, and might save you a ban.

I don't think the justices can do this.

You refer to lay justices as 'your worships'. If it's a stipe, then it's 'Sir'.

Needed to clear up that one

Originally Posted by getyerkneedown

Taken into account most of the comments, here is the new revised letter.

"Dear Sir,

Re: North Yorkshire Police Vs Myself – Exceeding 60mph speed limit on 3rd July

I write with reference to the above mentioned case, and in response to the Summons to court received Saturday 16th July 2005.

I wish to submit a guilty plea to the charge of exceeding the speed limit as per the evidence presented against me.

There is no excuse for my behaviour on that day, and I write today to apologise whole-heartedly for it. It was stupid, irresponsible, and not something I condone. After being given points for similar offences last year, I slowed down, and took stock of my driving/riding. However one moment of madness resulted in me being placed before the Magistrate’s Court again.

I accept that I need to be punished for my crime, but would urge you to take the following into account.

Having talked about my biking hobby to my father, namely Mr David Michael Lillie, he now has custody of the keys for the bike, and all the documentation for it. We have agreed that he is to negotiate the sale of the vehicle with immediate effect. I do not intend, nor wish, to purchase or ride another motorbike until I can demonstrate to myself that I am trust worthy enough.

After being through a hard time with work last year, losing my job and then being unable to find alternative employment on a reasonable wage for 6 months, I have been exceptionally stressed and depressed; I have now found employment with a company called Global Procurement Group. I have been here for a while now, and have made significant contributions to the development of the company, as a result I feel that my future here is bright, and promising, and I am finally getting my life back on track. I am hoping to achieve the role of Accounts Manager before the end of the year, for this I will require a driving license. I appreciate that the offences committed are punishable by a driving Ban, but would plead that you order a shorter ban and a higher fine/financial punishment, in order not to compromise my eligibility for this promotion.

Please find enclosed a character reference from Mr H. Tunnifcliffe, Operations Director at Global Procurement Group, he is my direct manager and responsible for the smooth running of the company.

I trust all of the above meets with your approval, and I once again wish to extend my sincere apologies to the Magistrates Court for my actions.

Yours Respectfully,"


Comments please? Thanks.

Will you be attending court on the day If so, I'd mention that too... Other than that, good letter

Hope I never have to write one

[timwilky]

Young Man!.

You have a disgraceful history of excessive speed and you are being fast tracked accordingly. I honestly cannot see any mitigating circumstances why you should not recieve the full weight of the sanctions available to the court.

Can you honestly hold your hand up and swear that you will never speed again should you retain your licence or receive a short ban. I doubt it.


Harsh, but this will be the courts view. Your excessive speeding career is no different to a drunken driver. You would expect him to receive a ban as he is a danger to himself and other road users, and so are you.

I do hope things go well for you at the time. But, please expect a sever ban and fine. Don't do what a friend of mine did and drove to court, got banned, and then started to drive home. He was pulled by the same police officer driving off the court car park and received an extra year ban for driving whilst disqualified .

Even with 12 points you CAN keep your driving licence... I know this for a fact Just make sure you have a Solicitor who can put your case across. I had a very good one when I was insured with the AA (it came part of the deal). He got me onto 12 points, kept my licence and the fine wasn't too hefty. The only problem with this was that I had another speeding pending so when that came up I had a 6 month ban. The joys of despatching.

Originally Posted by Fruity

Even with 12 points you CAN keep your driving licence... I know this for a fact Just make sure you have a Solicitor who can put your case across. I had a very good one when I was insured with the AA (it came part of the deal). He got me onto 12 points, kept my licence and the fine wasn't too hefty. The only problem with this was that I had another speeding pending so when that came up I had a 6 month ban. The joys of despatching.

Yes you can but, this letter is not sufficient to do so. Exceptional hardship is the only mitigation that will allow you to retain your licence with twelve points.

Not getting a promotion, even losing your job is not deemed as exceptional hardship, in fact the beak is more likely to see this claim in the "should have thought of that shouldn't you" bracket.

You need to show that exceptional hardship will be felt by other people not you if you are to get this mitigation to work.

This is BASAT advice by the way, having been ifront of the beak twice facing a ban in the past, once for totting (avoided ban and drove for 2 years on 12 points) and the second for average 102 mph on a motorway (banned for 7 days), this advice is based on legal advice to me.

The most important thing is that you need legal representation and you need it before you submit your mitigation letter. The very fact that you see this as serious and fork out 4-500 quid for a solicitor to manage a guilty plea will likely stand you in good stead with a magistrate.

[timwilky]

I agree with patch. Get a good solicitor to speak for you before the beak. I had a collegue nicked for 120MPH in his car. Kept his licence but severe GBH of the wallet

Originally Posted by howardr

Whilst I still think you were stupid to do it in the first place ...

I would recommend a letter from your employer.

If they stated that you had told them all about your 'moment of madness' and that they understood this was a mere 'blip' in your usual good character.

They could go on to ask that you be looked upon leniently as you were in line for a possible promotion and that, as a valued member of their workforce, they would like to give you the opportunity to progress etc etc.

I would suggest this would probably be viewed more favourably than you grovelling.

Done, sealed and delivered:

"To Whom it may concern,

Joe is currently employed by Global Procurement Group in our sales Department. He undertakes telesales and sales support activities in our offices in the centre of York. The company provides its procurement service to end-customers through licenced affiliates and provides comprehensive support to these Affiliates through our team of Account Managers. Joe is currently undergoing training as one of these Account Managers and in this role he will be required to visit Affiliates and their clients in locations throughout the North East. This involves a significant amount of driving and your decision regarding the punishment for his speeding offence may subsequently delay his promotion prospects.

I must admit to being somewhat surprised when he informed me of his impending court appearance, as it seemed very much out of character. He is an extremely hard working young professional who has every opportunity of a good career in selling/account management ahead of him. I can only assume that his actions were caused by the impetuousness of youth, but in discussing it with him, I can assure you that he is taking the situation most seriously, and it is a salutary experience for him.

Obviously I would not wish to influence your decision in anyway, but if the impending ban could be kept to a minimum with possibly a "larger" financial penalty being imposed, this would have a lesser impact on his future prospects.

Many thanks for your consideration.

Kind Regards,

Mr H. Tunnicliffe
Operations Director
Global Procurement Group Ltd."

I think this is quite a nice character reference.

Originally Posted by Patch

Exceptional hardship is the only mitigation that will allow you to retain your licence with twelve points.

Unless you're a member of the House of Lords/Commons that is... Or maybe you're a member of the 'funny hand shake brigade' - no, not one of your funny hand shakes GYKD

Originally Posted by timwilky

Young Man!.

You have a disgraceful history of excessive speed and you are being fast tracked accordingly. I honestly cannot see any mitigating circumstances why you should not recieve the full weight of the sanctions available to the court.

Can you honestly hold your hand up and swear that you will never speed again should you retain your licence or receive a short ban. I doubt it.


Harsh, but this will be the courts view. Your excessive speeding career is no different to a drunken driver. You would expect him to receive a ban as he is a danger to himself and other road users, and so are you.

.

I dont know how you can say that. Have you ridden with me? Ask any of the people i used to ride with and they will vouch that while fast, i am not dangerous. The police officers even said as much when they stopped me.

I pride myself on my riding, yes im an excessive speeder, but thats all im guilty of. Not being dangerous.