I was caught speeding twice

I have just received 2 Notices of Intended Prosecutions for speeding on my Fazer. The documents state that I was recorded at 36mph and 37mph in a 30mph zone on the same road. They say I was caught 2 minutes apart, so there must have been two cameras positioned along the same road. I was not stopped by the police and reported at the time as they were fixed cameras. My colleague thinks I can I try and avoid one of the fines and points as I was caught twice in a short space of time. Is he right?

Nick, Bristol by e-mail

Answer

Your colleague is onto something here. You can argue that the 2 speeding offences were so close in time it is arguable they constituted the same act. This is known as a “same occasion offence” defence which can be found at section 28 of the Road Traffic Offenders Act 1988. This is definitely worth arguing in the hope that you only receive a fine and points on your licence for one offence. Courts tend to accept this argument if the speeding offences arose consecutively as part of one continuous action. Your offences were just a couple of minutes apart which counts in your favour. Had they been days or hours apart and in very different locations the court would likely not accept the argument. If you can include any other mitigation such as the road conditions were dry and quiet road with no pedestrians around then that would also be worth mentioning.