Home office statistics reveal that in the last 15 years there has been a 700% increase in the volume of speeding offences committed on the UK’s roads. Speed cameras are the bane of motorists’ lives and it is almost inevitable that at some point all road users will fall foul of this area of the law.
Most speeding offences will be dealt with by a Fixed Penalty Notice however some will be dealt with by the Courts. For a Fixed Penalty Notice you will receive a £60 fine and 3 penalty points. We will examine police procedures to ensure no mistakes were made and if applicable, we will use a defence of ‘duress of necessity’. Duress of necessity can be shown if you were caught speeding but you had no other option but to do so (for example, in the case of an emergency).
Have you been issued with a speeding ticket? The law relating to speeding ticket offences is complex and it is essential to ensure you have specialist legal representation in order to achieve the best outcome possible.
What is a Speeding Ticket Offence?
Speeding offences are set out by the Road Traffic Regulation Act 1984. Section 89 of the Act states that one person witnessing a speeding offence is not adequate evidence to result in a speeding ticket offence. This means that in the absence of a speed camera, even one police officer witnessing a speeding offence is not sufficient however, there are exceptions to this rule so contact our motoring solicitors today to discuss your case.
Speeding Offence prosecution
You must receive a Notice of Intended Prosecution or a verbal notice in order to be prosecuted for a speeding offence. If the police have caught you speeding, they should issue you with a speeding ticket or verbally inform you that they intend to prosecute you due to your speeding.
If you seek to challenge a speed camera offence, then prosecution must prove the following:
– That the camera is one approved by the Secretary of State.
– That on the day of the offence it was operating correctly.
– That the road is subject to a speed limit.
– The make, index number and speed of the vehicle is identified.
– The identity of the person driving.
If the prosecution are unable to prove all of the above then a motorist, properly represented, should not be convicted.
What are the kinds of penalties?
The kind of penalties which could be received for speeding are highly dependent on what the Speed Limit was and what your recorded speed was at the time of the event.
You could receive a fine up to £1,000 (up to £2,500 if the offence is committed on a motorway) and up to 6 points or disqualification for 7 – 56 days.
This free, online speed calculator is useful to determine the kind of penalty you could face.
Traffic Light Offences
Traffic light offences can occur if a police officer has witnessed an alleged offence or photographic evidence is obtained through traffic light detection devices. If photographic evidence is used to provide evidence of an alleged offence, you will receive a Notice of Intended Prosecution. You must respond to this notice by identifying the driver or you will be summonsed for failing to furnish information.
They’re numerous defences to this offence. Our driving offence team will not only investigate the prosecution’s case to help defend you, but we will also see if there were any ‘reasonable grounds’ as to why the alleged offence was committed.
Punishment for Traffic Light Offences
The punishment for this motoring offence could be a fine of up to £1,000 and 3 penalty points
For a no-obligation discussion about your case please contact David Seligman on 0800 1444 111, or email him at firstname.lastname@example.org. Alternatively, please complete our online form and one of our criminal defence lawyers will be in touch with you within 24 hours.