Brown Turner Ross

Speeding

It is very easy these days with variable permanent and temporary speed restrictions on so many roads and more money being spent on Speed Cameras and Speed Detection devices to become criminalised as a Motorist!

No-one condones excess speed or dangerous driving but we are here for you to

• analyse the evidence
• ensure that Police Officers have been properly trained in the use of Speed Detection devices
• consider your Case in the light of the ACPO (Association of Chief Police Officers) Code of Practice for the Operational use of Enforcement Equipment. This sets out how evidence should be obtained for speeding offences
• ensure that the device has been approved by the Home Office and properly tested and maintained
• ensure that the device or camera functioned properly and did not actually record the speed of a vehicle other than yours or record a false speed
• get the best possible outcome for you

You may end up being advised by us to challenge the evidence and go to Trial. It is not unusual for the Crown Prosecution Service to decide to abandon cases often because the investigating Police Officer cannot or will not provide the documentary evidence we have requested in relation to the above issues. Challenging the use of a Laser Gun or other device may well require expert evidence which will be expensive – whether that is appropriate and cost effective is something we will discuss with you.

If you decide to plead Guilty our aim will be:

• to prevent your being banned from driving
• to ensure you receive the minimum number of Points
• to ascertain whether there is an alternative to Penalty Points such as your attending a Speed Awareness Course
• to consider whether a short period of disqualification is a better outcome than Points in your Case

Disqualifications for Speeding

Magistrates have a discretion in certain Cases to impose a variable period of Disqualification for speeding offences primarily depending on your speed.

The options are:

• the Fixed Penalty Procedure where you get 3 Points and pay £60 – there is no need for you to attend Court
• Penalty Points (3 or more) imposed at Court as well as a Fine, a contribution to Prosecution Costs and a Victim Surcharge of £15.00
• If your speed was 40 % over the speed limit Magistrates can, and often will impose a ban, starting at 7 days, up to a usual maximum of about a year for anything except the very highest speeds. They have the power to impose 4-6 Points as an alternative. If this will result in you then having a total of 12 or more points you will be at risk of a mandatory 6 month ban – see Totting Up.

Let us advise you on all the possible outcomes and prepare your Case so that you have the best chance of getting the outcome that is best for you.