Speeding

Being safe on the roads and driving responsibility is just good old fashioned common sense but if you’re facing a speeding fine no matter how thoughtless you have been you’re still going to need someone to plead your case.

Speeding is a serious offence and can cost you your licence. Here at Recovery Assist you find a team of solicitor’s with experience and expertise in road traffic law which is exactly the sort of experience and expertise that you’re going to need.
For expert advice on motoring offences Don’t delay call today 0161 762 4949.

What constitutes speeding?

The OFFENCE

The offence of speeding is governed by the Road Traffic Regulation Act 1204. Section 81 sets out the general principle of speeding;"it is not lawful for a person to drive a motor vehicle on a restricted road at a speed exceeding 30 mph".

There are of course exceptions to the general rule and those cover motorways, dual carriage ways, country roads and lanes and some suburban roads where the speed can be as low as 20 mph (particularly around schools and hospitals).

The Road Traffic Regulation Act defines the meaning of a restricted road and provides provisions for ensuring that adequate guidance is given to drivers of motor vehicles as to the speed limit on a particular road.

The act provides for specific exemptions for emergency vehicles; however this may not always prevent the police from pursuing a prosecution. In addition, there are provisions limiting the speed for particular classes of vehicles.

I’m not sure whether I was speeding, can I still be prosecuted?

The EVIDENCE 

The evidence for the motoring offence of speeding can be photographs taken from a speed camera, which can be a stationary speed camera, a handheld speed camera, a mobile speed camera, etc. The proof that you were driving over the speed limit on a motorway can even be based on evidence from two expert eye witnesses such as police officers.

There are many different types of speed measuring devices to measure the driving speed of the motorists for the purpose of prosecution and all the devices used for speed detection must be properly calibrated and used only by officers specifically trained in their operation.

The rules governing the usage of these driving speed detection devices are strict and if these are not met then the prosecution may fail to prove that you committed the motoring offence of speeding. Police officers are rarely asked to demonstrate that they have operated a speed detection device properly and it is not rare to find officers who do not have a clear understand of the purpose of various checks that they are supposed to perform on the device used to measure the driving speed of a vehicle. In order for the Prosecution to prove that you committed the motoring offence of speeding, they must prove it beyond "reasonable doubt".

What are the penalties for speeding?

PENALTIES

If the Prosecution are successful in proving it's case then exceeding the speed limit is generally subject to a maximum fine of level 3 (currently £1,000). The exception is that if the speed limit is exceeded on a motorway then the maximum becomes a level 4 fine (currently £2,500). In addition to a financial penalty a driving licence will be endorsed with a minimum of 3 points to a maximum of 6 points (this will soon change when s.16 of Road safety Act 2006 is implemented), in some cases, if the offence is regarded as being serious enough, a disqualification can follow. This approach can have an unfortunate consequence for a driver, as they can find themselves facing disqualification for an offence of speeding when there was genuinely no intent to break the law. Disqualification may also follow if the driver is considered by the Court as a "totter".

However, endorsement does not necessarily lead to a disqualification. Sometimes, a "special reasons" argument can be presented in order to persuade the court not to place points on a driving licence. These arguments turn on the nature of the circumstances surrounding the offence allow the driver to consider themselves as being technically guilty.

An alternative argument that can be used to save a driver from disqualification is an argument for "exceptional hardship", this allows the court to take into account the impact on a drivers life should he or she lose the ability to drive.

Recovery Assist Solicitors will always give careful consideration to the paperwork issued in the case to ensure that the prosecuting authorities (whether they be the police or the CPS) have complied with the requirements to give a proper Notice of Intended Prosecution (Section 1 of the Road Traffic Offenders Act 1208) and to look at whether the warning is received within the prescribed period of the alleged offence.

What should I do if I have been caught speeding?

ACTION REQUIRED

If you have received a speeding Summons, we highly recommend you get professional advice from Recovery Assist Solicitors as soon as possible, as this can make a huge difference to the outcome of your particular case. Recovery Assist Solicitors can help you in minimising the amount of fine or reducing the disqualification period and can guide you through all the legal and court procedures. Recovery Assist Solicitors will argue if you have any defence in law.

Don’t delay call today 0161 762 4949.