Can anyone from the police/traffic offence law help with this query please?

[Slowdown108]

Posting here for (ironically) traffic...

At the end of Feb I got pulled over doing 108mph on motorway- I was rushing to a work appointment and zoned out, saw the open road and put my foot down...I got pulled over by the police, got a (totally deserved( dressing down, the took my details, outlined what might happen ( nothing, speed awareness course, points or, most likely, court summons). I KNOW this speed in unacceptable, dangerous and irresponsible, and I promise this has slowed me down.
I waited each day for postal notice for points/court etc, and nothing! So I kind of thought I’d got away with it.
Fast forward to last Thursday and I’ve had a NIP...a pack asking me to fill out mitigating circumstances and to go to court etc.

Now; two things...should it really take 5 months to be sent, and can I contest this?
And also, there are 3 boxes to tick;

1. I am not guilty, I want to go to court
2. I am guilty, I don’t want to go to court
3. I am guilty I want to go to court

I want to go with 2) is that right? - surely most people want to avoid wasting the courts time?

I have subsequently started a new job and want to avoid upsetting apple cart as would likely need a letter for employer etc etc.
My DH works away a lot and childcare is not reachable by public transport.
I’m also shit scared of going to court all together!

I reiterate, I have totally learnt from being pulled over and actually shook me up to honest. I’d say I was a much more cautious and careful driver since it happened.

OP what are the mitigating factors your solicitor is suggesting? Genuinely interested.

People seem to be misunderstanding what is meant by mitigation. Mitigation happens after guilt has been established. It's not a defence (saying you didn't do it). It's reasons for a more lenient sentence, having accepted that you did do it. So for example, perhaps you would lose your job, your children would have to change school, your disabled partner would be penalised. It's particularly relevant for driving bans, where the harshness of the sentence can be hugely different. I only drive when I rent a car about twice a year. A six-month ban would make no difference to me at all. But for some people it could be hugely disruptive and punitive.

My mitigating factors are;
My job is field based so I would be without a job if i couldn’t job. As I said above- after I was pulled over it made me reassess the kind of firm I was working for and I decided to leave because of the pressure they were putting me under. New job starts soon so that’s going to look pretty shit if I tell them I can no longer work for them.
My DH works away for months at a time so I am sole carer of DS. DS nursery is 30 min drive away (near where we used to live- we moved to South a Africa for 6 months and we wanted to keep him in original nursery) he also had speech therapy and I wouldn’t be able to take him there. My granny broke her back and has COPD and I go and help out at weekends with physical tasks etc.
....Reiterating that I’m not using excuses but these are my reasons.

For benefit of @BrokenWing

I don’t think ‘being in a rush for a work appointment ‘ is remotely acceptable as a mitigating factor in a speeding offence.

Unless your work appointment was a matter of life and death and you are a uniquely skilled heart or brain surgeon driving to an emergency operation, or something.

There used to be a lovely midwife on here called Mears who had been caught speeding on the way to an urgent birth scenario. I never found out whether she was ‘done’ or not.

@Jemima232

Mitigation doesn’t necessarily mean mitigating circumstance as to why you were going at 108mph

Mitigation also means mitigating the impact of being banned.

A driving ban is specifically to punish by causing inconvenience, cost and temporary hardship.

If a 7-56 day ban means you will lose your job and have long term hardship they hopefully will consider this, did your solicitor advise you to go to court to present your mitigation personally and do you need to take proof this will result in the loss of your job?

Your other factors, although personal/difficult, sound weak.

My brother was banned for a year and they didn't give a rats arse he needed his car for his unsociable working hours/no public transport or to attend regular hospital appointments (cancer). Tbf he did deserve the ban, a year of taxis/begging lifts followed by extortionate insurance for years after.

I would rarely say this but I hope you get a ban. You'll have to use taxis or buses for nursery and speech therapy appointments and explain to your employer why you can't drive to appointments. 108 mph is absolutely inexcusable, we've all gone over the speed limit and not realised but you were more than 50% over the speed limit. Your mitigating circumstances could apply to a lot of people frankly I'm horrified at anyone suggesting you should only get points and a fine.

Mitigation is nothing to do with guilt and (often) quite a lot to do with the consequences of a sentence on innocent parties, like children.

I totally understand that. It makes a mockery of the law if you don't get a ban because you need to drive a child to nursery or school. You don't need to drive, there are other options used by people all the time.

And I totally understand that too... I have sought legal advice and will take that and let the court decide.