What happens if you are caught speeding twice or more in a single journey, perhaps within a few minutes of each other? Will you get more than one set of penalty points? Could this result in disqualification?
This is a question we are often asked by clients worried that they could lose their driving licence in the space of just one journey.
In theory, a driver with a previously clean licence could be caught several times the same day and as a result be at risk of disqualification under the totting-up system. If you are caught speeding several times on the same journey and accept a fixed penalty for each, you could be at risk of a penalty points disqualification (totting-up). It can happen more easily than you might think, for example where several speed cameras are placed on the same road or motorway.
However, where offences are deemed to have been committed “on the same occasion”, the Court has discretion to impose only the one set of points for two or more offences. Whether or not offences will be treated as committed on the same occasion is a matter of fact for the Court to decide. They need not have been committed simultaneously, but they must be linked in some way.
So if for example the offences were committed within a few minutes of each other, it may be possible to persuade the Court to impose only one set of points. Every case will depend on its facts.
The rules apply to all endorseable motoring offences, not just speeding.
We can offer you sound legal advice on whether you should accept a Fixed Penalty, or whether it would be better for you to decline the penalty and go to Court. Whichever option you choose, there’s no going back. That’s why it is important to get legal advice and we’re here to help you make the right choice.
Our skills as experienced motoring solicitors can help you in Court to reduce the number of points you might otherwise get. In particular, we can put forward legal arguments on your behalf to persuade the court to impose only one set of points. As a result, you may reduce or avoid the risk of penalty points disqualification. It may also reduce your insurance premium.
For example this month we represented a driver who had been caught twice by different speed cameras, on the A4 West Cromwell Road in West London. The cameras were only half a mile apart and there were only four minutes between the two offences. If our client had simply accepted the two Fixed Penalties the police issued, she would have ended up with six points. Instead, despite police opposition, we were able to persuade the Court to impose only one set of three points.
Whilst not every case is best dealt with in Court, this case demonstrates the importance of taking legal advice before deciding whether or not to accept a Fixed Penalty.
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