View Poll Results: Do I take this to court and offer mitigation ?
Voters: 23. You may not vote on this poll
Is it worth going to Court over this ?
#1
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Got a NIP for doing 42 in a 30.
Situation was that I was driving my wife home from hospital after invasive surgery that had required her to be given Morphine painkillers. It should have been only a two hour drive home but due to parts of the route being potholed / poorly maintained I had to take a good section of it slower than I would normally.
I got within 40 miles of home and the painkillers had started to wear off and she was bleeding quite badly from the incisions.
She was crying in pain.
I hold my hands up and admit I was over the limit but I wanted to get home ASAP in order to call NHS direct for advice (Which I did and they advised a dissolvable codis 500 - then see Dr next day if no improvement)
I see on the NIP that I can offer up mitigating circumstances which I believe I have in these conditions. I was not going significantly faster than the traffic on the road at the time and was acutely aware of avoiding poor sections of road and was also making sure that I would not put myself into a position where I had to brake sharply in any way, shape or form.
Do I contest ?
Situation was that I was driving my wife home from hospital after invasive surgery that had required her to be given Morphine painkillers. It should have been only a two hour drive home but due to parts of the route being potholed / poorly maintained I had to take a good section of it slower than I would normally.
I got within 40 miles of home and the painkillers had started to wear off and she was bleeding quite badly from the incisions.
She was crying in pain.
I hold my hands up and admit I was over the limit but I wanted to get home ASAP in order to call NHS direct for advice (Which I did and they advised a dissolvable codis 500 - then see Dr next day if no improvement)
I see on the NIP that I can offer up mitigating circumstances which I believe I have in these conditions. I was not going significantly faster than the traffic on the road at the time and was acutely aware of avoiding poor sections of road and was also making sure that I would not put myself into a position where I had to brake sharply in any way, shape or form.
Do I contest ?
#2
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I doubt it'll stand up when your saying your rushing your wife home from hospital ![Wink](https://www.scoobynet.com/images/smilies/wink.gif)
Perhaps if you did a U turn to rush her back to hospital instead, that may have held water.
Or lets put it another way, can you afford to lose? And can you afford the wasted time and money in taking it to court?
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Perhaps if you did a U turn to rush her back to hospital instead, that may have held water.
Or lets put it another way, can you afford to lose? And can you afford the wasted time and money in taking it to court?
#5
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Originally Posted by Shark Man
I doubt it'll stand up when your saying your rushing your wife home from hospital ![Wink](https://www.scoobynet.com/images/smilies/wink.gif)
Perhaps if you did a U turn to rush her back to hospital instead, that may have held water.
Or lets put it another way, can you afford to lose? And can you afford the wasted time and money in taking it to court?
![Wink](https://www.scoobynet.com/images/smilies/wink.gif)
Perhaps if you did a U turn to rush her back to hospital instead, that may have held water.
Or lets put it another way, can you afford to lose? And can you afford the wasted time and money in taking it to court?
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If your wife was bleeding heavily then i would have taken her to straight back to the hospital from where she came, as they have obviously not looked after her properly or failing that striaght to casulty, not home to ring NHS direct
And for your info if you do goto court and lose they can add 1 extra point on their so you will end up with 4 points
And for your info if you do goto court and lose they can add 1 extra point on their so you will end up with 4 points
#7
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Originally Posted by Dazza01
If your wife was bleeding heavily then i would have taken her to straight back to the hospital from where she came, as they have obviously not looked after her properly or failing that striaght to casulty, not home to ring NHS direct
And for your info if you do goto court and lose they can add 1 extra point on their so you will end up with 4 points
And for your info if you do goto court and lose they can add 1 extra point on their so you will end up with 4 points
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Originally Posted by jods
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Dazza - I couldn't take her back to the original hospital - we were so far away from that establishment it was not funny. we still had 40 ish miles to get back to WGC - I didn't know of any hospitals on the way and my wife was pleading for me to get her home - TBH I was in a bit of a panic.
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Well tbh in that case sir, i would have hit the 999 button, better safe than sorry, as for the court its 50/50 you may get an understanding judge but you may get a right biatch who just won't listen.
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mst agree with dazza, i sympathise utterly with your predicament but dont think your argument would stand up in court for a second.
sorry, much as it pains I would just accept it.
sorry, much as it pains I would just accept it.
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Originally Posted by jods
Got a NIP for doing 42 in a 30.
Situation was that I was driving my wife home from hospital after invasive surgery that had required her to be given Morphine painkillers. It should have been only a two hour drive home but due to parts of the route being potholed / poorly maintained I had to take a good section of it slower than I would normally.
I got within 40 miles of home and the painkillers had started to wear off and she was bleeding quite badly from the incisions.
She was crying in pain.
I hold my hands up and admit I was over the limit but I wanted to get home ASAP in order to call NHS direct for advice (Which I did and they advised a dissolvable codis 500 - then see Dr next day if no improvement)
I see on the NIP that I can offer up mitigating circumstances which I believe I have in these conditions. I was not going significantly faster than the traffic on the road at the time and was acutely aware of avoiding poor sections of road and was also making sure that I would not put myself into a position where I had to brake sharply in any way, shape or form.
Do I contest ?
Situation was that I was driving my wife home from hospital after invasive surgery that had required her to be given Morphine painkillers. It should have been only a two hour drive home but due to parts of the route being potholed / poorly maintained I had to take a good section of it slower than I would normally.
I got within 40 miles of home and the painkillers had started to wear off and she was bleeding quite badly from the incisions.
She was crying in pain.
I hold my hands up and admit I was over the limit but I wanted to get home ASAP in order to call NHS direct for advice (Which I did and they advised a dissolvable codis 500 - then see Dr next day if no improvement)
I see on the NIP that I can offer up mitigating circumstances which I believe I have in these conditions. I was not going significantly faster than the traffic on the road at the time and was acutely aware of avoiding poor sections of road and was also making sure that I would not put myself into a position where I had to brake sharply in any way, shape or form.
Do I contest ?
Simon
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Try asking on here: 5ive-o - Powered by vBulletin
there's a few Magistrates on there that might be able to help you
there's a few Magistrates on there that might be able to help you
#13
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Originally Posted by GC8
In my opinion; thats a good reason. Whether you can establish this in court is another matter. A letter from your wifes consultant or GP would go a long way to supporting your claim though. Im assuming that this is true rather than a convenient excuse...?
Simon
Simon
Simon - It is 100% the truth and I can absolutely prove the matter.
Steve Scooby - thanks for the link, Have Joined and will ask as soon as Mods enable my account.
#14
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Where you stopped?
Did you hand your licence over?
Would get the letters and then see what they state, but the questions are to just see if you were stopped and handed licence over, if so you have accepted the guilty plea, there and then by handing over licence.
Never hand it over (this is to one and all) just say not got it on you, the Police can check if you have one over radio.
You have a slight case still, but will depend on JP's on the day and could cost you more money and an extra point.
Did you hand your licence over?
Would get the letters and then see what they state, but the questions are to just see if you were stopped and handed licence over, if so you have accepted the guilty plea, there and then by handing over licence.
Never hand it over (this is to one and all) just say not got it on you, the Police can check if you have one over radio.
You have a slight case still, but will depend on JP's on the day and could cost you more money and an extra point.
#15
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Originally Posted by Martin-STI
Where you stopped?
Did you hand your licence over?
Would get the letters and then see what they state, but the questions are to just see if you were stopped and handed licence over, if so you have accepted the guilty plea, there and then by handing over licence.
Never hand it over (this is to one and all) just say not got it on you, the Police can check if you have one over radio.
You have a slight case still, but will depend on JP's on the day and could cost you more money and an extra point.
Did you hand your licence over?
Would get the letters and then see what they state, but the questions are to just see if you were stopped and handed licence over, if so you have accepted the guilty plea, there and then by handing over licence.
Never hand it over (this is to one and all) just say not got it on you, the Police can check if you have one over radio.
You have a slight case still, but will depend on JP's on the day and could cost you more money and an extra point.
Wasn't stopped.
Money isn't the issue really - If I go and fail to make my point it'll be £1000 I guess but it is the principle of the thing. I WASN't driving dangerously. I WAS travelling roughly the same speed as other traffic on the road.
My wife was in severe pain and was bleeding - I am going to have my day in court. To be honest if it weren't for the fact that driving faster caused more pain i'd have had the thing red lined where possible.
#16
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Originally Posted by jods
Simon - It is 100% the truth and I can absolutely prove the matter.
Steve Scooby - thanks for the link, Have Joined and will ask as soon as Mods enable my account.
Steve Scooby - thanks for the link, Have Joined and will ask as soon as Mods enable my account.
you had your prioritys right,
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Go armed with as much proof as you can, yes sir no sir the magistrate and appeal to them...
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good luck whatever you decide and hope your mrs is ok now
#17
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Jods personally I would go to court to.
Just get the evidence and take your wife to.
Good luck mate and hope it works out. Also hope wife is 100% now.
Just get the evidence and take your wife to.
Good luck mate and hope it works out. Also hope wife is 100% now.
#18
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As above mate, and good luck, I would have done the same and would every time again and again untill I lost my licence, to me its a common sense thing but I will wait for a shoot down straight away
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