Speeding Offences, (Driving in Excess of the Prescribed Limit)

Mary Monson Solicitors have been dealing with speeding offences since the 1970s, fifteen years before the introduction of fixed speed cameras in the UK. We have seen the law develop and change, and continue to adapt to those changes. We take for granted none of the "perceived wisdoms" about whether the speed detection technology or legal processes are fair and correctly used.

Above all, we are proactive in fighting prosecutions and have an excellent success rate in challenging the validity of speeding prosecutions. On the rare occasions where the evidence is too strong, we can mitigate to save a driver's licence. Please see below for a recent and typical case study of one of many clients we have successfully represented, followed by an explanation of the Law relating to speeding offences.

Case Study

Our client was accused of travelling at 39 mph in a 30 mph zone. He was a businessman of good character with a clean licence, and informed us that he was sure that he was not travelling at that speed. He did not stand to lose his licence, but was so annoyed at what he felt was a clearly incompetent prosecution that he called us.

We requested 19 items of documentary evidence from the prosecution.

Some of our requests included:

the qualifications of the Police Officer to use the Laser Speed device, an LTI2020,

the certification and usage record of the device itself,

written evidence showing how the device was used when our client was passing the speed trap.

The initial prosecution response was that we were engaged in a "fishing expedition", and therefore they did not have to disclose this information. The legal rules relating freedom of information, however, have never supported this attitude, and we began to pu t pressure on the Prosecution to provide us with what we required. When the Police Officer dealing with the case finally received our requests, the prosecution simply dropped the charge. This response gives some idea about Police attitudes towards what we as motoring lawyers regard to be the basic evidence in a prosecution. When put to proof, many speeding prosecutions fall apart.

The Law in Reality

Issues such as type approval of Home Office speed detection devices may seem to offer “open shut” defences to allegations of speeding, and often do, but the fact that magistrates are often not used to dealing with legal rather than factual points to the same extent as Judges in the Crown Court can mean that defences on a legal or technical basis can be viewed with scepticism in the Magistrates Court. To combat this, it is often necessary to call expert evidence, and make specific reference to both legal and procedural documents and good practice guides. Of particular use can be the ACPO (Association of Chief Police Officers) Code of Practice for the Operational use of Enforcement Equipment. It is the rule book for how evidence should be obtained for speeding offences, including information on set up of speed trap location, correct use of different devices and methods, (Laser, Radar, Follow Check in Police Vehicle etc.).

Disqualifications for Speeding

Disqualifications for speeding offences of course vary, depending on speed. For certain speeds, the magistrates can consider awarding points, although these lower speeds will often result in fixed penalties being awarded, meaning 3 points and a fine with no need to go to court if the driver admits the offence.

For higher speeds (usually where the speed is 40 % over the speed limit on force), the magistrates can, and often will impose a ban, starting at 14 days, up to a usual maximum of about a year for anything except the very highest speeds. The magistrates also have the option of imposing up to six points as an alternative, and often will if this will result in the defendant having a total of 12 or more points, as this can lead to a mandatory 6 month ban (see section on totting up). In this situation, a ban can only usually be avoided if the defendant can either challenge the prosecution, or show exceptional hardship. For speeding offences where over 140 mph is recorded, the prosecution might try to charge the defendant with Dangerous Driving.

Is a ban avoidable?

A ban can often be avoided or reduced to a period of just a few weeks if the right mitigation is forwarded, even if a guilty plea has been entered. For these purposes, a lawyer is usually advisable, depending on how important the licence is. Good mitigation will include evidence relating to the character of the client, and also to other people who will suffer if he/she loses his/her licence.

Give the motoring department a call on freephone 0808 155 4870, and we will be happy to advise you if you need a lawyer or not. Alternatively click X on the left hand toolbarfor advice on when a lawyer is necessary.