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Full Version: [NIP Wizard] Panic attack in the worst place possible - NIP Wizard
FightBack Forums > Queries > Speeding and other Criminal Offences
Notafunny1
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2021
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A39 Bath Rd, Farmborough, BANES
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I was on my way back from a hospital appointment. A cancer clinic to be specific, I just had a specialist look at my skin and suggest a biopsy. This set my anxiety off. As I was driving back, I started to have a panic attack. This has never happened whilst i was driving before. I actually accelerated up to the speed camera and managed to get control of my breathing and braked. One short burst - right in front of a speed camera. 44mph in a 30mph zone. They have said i can pay £100 and get 3 points, or dispute. I don't dispute it was me or it happened. It is just hugely unfortunate it happened at that exact moment in that exact place. I don't know if it is even worth trying to appeal on mitigating circumstances. I have never been in this situation before. I can provide the hospital letter as evidence, I live nowhere near the hospital - an hour away in fact. I also have doctors notes about my panic attack. I don't wantr to go to court and get a worse punishment. I'm also upset its under these circumstances. Do you think it is even worth it? Also how many days do they make you go to court. As someone with anxiety, this whole thing is pretty traumatic, as is the idea of going to court

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 18 Nov 2021 15:41:59 +0000
TryOut
You would need to think very carefully about using a medical condition in mitigation. If, as it would seem, your anxiety causes you to have a panic attack and you lose control of your vehicle, then your licence could be at risk.
While you may not have intended to give the impression that your excess speed is a loss of control, that is exactly what you have described.
You might have far more important things to be concerned about than a speeding ticket so concentrate your efforts on that. I don't think the panic attack is persuasive or advisable. I can't perceive the police being persuaded. Others however may have the opposite opinion.
Suziboy
By far the easiest and least stressful way to deal with this is to simply fill out the documentation, return it and take the three points and pay the fine.

I don't mean this unkindly, but taking this to court and describing the circumstances (panic attacks behind the wheel etc) will not help you in any way. Three points should not impact on your insurance payments too much.
big_mac
If you want to plead not guily then you will have to go to court. If you are found guilty (which is quite possible / likely), then you will get 4-6 points, a larger fine, and a £600+ bill for prosecution costs.

Do you think it is worth the risk and the stress?
NewJudge
QUOTE (big_mac @ Thu, 18 Nov 2021 - 16:13) *
If you want to plead not guily then you will have to go to court. If you are found guilty (which is quite possible / likely),

It's not possible/likely. It's an absolute stone cold certainty. The only possible route to see a penalty less than the one you have been offered is to plead guilty in court but argue that there are "Special Reasons" not to endorse your licence. In my view the chances of success with that are about as close to zero as you can get.
Notafunny1
Thank you everyone for your responses. The last time I had a panic attack was a long time ago, I can go years without one. This is the first time its ever hppened driving and it wasn't ideal. Yes I had considered that, that they may even say to take my license away. I shall take it on the chin and pay it out for now. Thanks again for not being harsh icon_redface.gif
andy_foster
Depending on medical opinion/evidence, the defence of automatism might apply here. If so, it would probably also see the OP's licence revoked on medical grounds.
The site's rules would seem to prohibit discussion of the latter.
notmeatloaf
You would only be able to use it as a defence if you had also informed the DVLA that your anxiety was affecting your ability to drive safely. (More accurately, you could still use it as a defence, but you would have to say you had committed a different offence.)

https://www.gov.uk/anxiety-and-driving

If you disclose it you don't lose your licence, but they do write to your GP to check if you should hold a driving licence.

The pragmatic approach might be to consider the police's offer.

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