Speeding
The offence of speeding is primarily set out in section 89 Road Traffic Regulation Act 1984.
Speeding is the most common of all driving offences. If you were not stopped by the police at the time of the offence, you should receive a notice of intended prosecution and a request to provide driver details (s.172 notice) through the post.
For speeding offences just over the speed limit, you are likely to be offered a fixed penalty notice. If accepted, this ordinarily results in 3 penalty points on your driving licence and a fine. In some cases, if you are eligible, the police may offer you a driver awareness course for speeding. Successfully completing the course will avoid the imposition of penalty points.
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Speeding
If you are at risk of disqualification, you will receive a requisition / written charge asking you to attend the Magistrates Court. Please contact us in these cases. If you accumulate 12 or more penalty points, the Magistrates will disqualify you from driving unless they can be persuaded it would cause you or others ‘Exceptional Hardship’. Exceptional Hardship is covered separately on our website, please take a look for further details and contact us to discuss.
Sentence
If dealt with under the single justice procedure – the magistrate may determine your sentence which could include penalty points or a fine. However, if the magistrates were considering a disqualification, you will receive a notification requiring you to attend Court.
If required to attend the Magistrates Court, this offence is non-imprisonable and can be dealt with by the imposition of a fine of up to £2,500. Between 3- 6 penalty points will also be endorsed on your driving licence. In more serious cases, a disqualification from driving can be imposed.
Defence
Defences to this offence are extremely difficult. For a speeding conviction, the prosecution must prove that:
- You were driving the motor vehicle in question, and;
- At the time and place alleged you were exceeding the speed limit.
If the court cannot be sure that the prosecution has proven either of these points, you should be acquitted.
You may also wish to challenge the accuracy of the speed camera or equipment, (the manufacturers of detection devices maintain these are incredibly accurate). The effectiveness of devices depend upon how these are operated. Human error can result in erroneous readings. You could also look to prove the signs are defective by design or location. These defences are extremely difficult and will require expert evidence at considerable expense.
There are of course also ‘Special Reasons’ arguments which, although not technically defences, may allow a speeding driver to avoid penalty points or disqualification depending on the circumstances. This could include if you were speeding in an emergency, or speeding due to a defective speedometer etc. Special Reasons are covered separately on our website, please take a look for further details and contact us to discuss.
If you are being investigated or prosecuted for any motoring law / road traffic offence, please get in touch with our motoring law specialists.