Fed up with variable permanent and temporary speed restrictions on so many roads? Now you cannot be sure which Speed Cameras are working and then there are hand held Speed Detection devices operated from a distance which can see you become criminalised as a Motorist!
Defending a Speeding Prosecution
No-one condones excess speed or dangerous driving but we are here for you to
- check the Notice of Intended Prosecution - is it accurate and was it served in time?
- analyse the evidence
- ensure that the 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 minimising the Points you receive & avoiding a Driving Ban
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 for you than Points on your Licence
Driving 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 and whether there are any “aggravating factors” in your Case.
The options are:
- the Fixed Penalty Procedure where you get 3 Points and pay £60.00 – 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 strongest chance of getting the outcome that is best for you – store our 24/7 Helpline Number in your phone – calls are Free.