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Caught for speeding on two cameras within a mile: do they count as one penalty?

by Murdo Maguire last modified 2007-02-28 10:36

As an HGV driver I have fallen foul of the dreaded mobile camera. I was recently informed that two offences for which I received separate summons for each that took place within minutes of each other going in the same direction should only be classed as one offence. Is this correct? Also the nine points on my licence were issued in Jan/ 2004 are all coded SP20. The offences all relate to driving a HGV class one I understand from the same source that this coding is also incorrect and should be SP10. Is this the case and would I have had any redress had I known these facts earlier? I hope your answer may help others in the future should they get caught by two cameras on two bridges less than a mile apart on the same road facing the same way.

You are correct, the SP20s should have been logged as SP10s. Dating from January 2004, these would have become spent 3 years from the date of offence so in January 2007.

Similarly providing the additional alleged speeding offences on the A303 were committed after the others had been spent you should not be at risk. Please come back to me if this is not the case (ie if they were committed in January 2007 or before).

On the issue of the two alleged recent speeding offences, section 28(2) of the Road Traffic Offenders Act 1988 says:
Where a person is convicted of two or more such offences, the number of penalty points to be attributed to those of them that were committed on the same occasion is the number or highest number that would be attributed on a conviction of one of them.

Please note that "on the same occasion" is not defined and the courts are somewhat inconsistent in defining what is the "same occasion". If it is for (say) a worn tyres offence and the driver is booked again up the road, then that might well be the "same occasion" but for two flashes on two different cameras this would be decided at the discretion of the court.

My feeling is given the nature of your job you should consider taking detailed legal advice on the circumstances of our case, particularly as you have been summonsed rather than received a Fixed Penalty Notice.

In the first instance I would suggest you should agree to a detailed exploratory interview with a specialist motoring offence solicitor.

The Roadside Lawyer will initially provide expert motoring solicitor support to road traffic offence clients at a one off charge of £25 plus VAT for a detailed half hour telephone consultation. The solicitor will have been briefed and read about the background to your case. After the consultation they will provide email notes and guidance detailing how you should best proceed.

If appropriate they may then recommend further work to negotiate with the the CPS that the case is dropped, or at least there are reasonable grounds for mitigation to ensure a minimal penalty.

If you instruct us to further act for you, any additional charges will be notified before you incur them so you can take an informed decision on how much further expenditure you wish to incur. If you choose to let us represent you (usually with junior counsel) the initial call cost will be waived.

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