Speeding

As one of the UK’s leading speeding defence solicitors we provide our clients with expert legal advice to help get them back on the road as soon as possible.

Drivers can fall foul of the UK speeding laws and enforcement policies, whether it is being accused of a higher level speeding offence or facing a ‘totting up’ ban due to the accumulation of multiple speeding points.

Speeding is a criminal offence and if convicted you could receive penalty points or a disqualification and a fine in addition to Court costs.

We understand the value of a driving licence. It provides drivers with the freedom to carry out day-to-day tasks and a driving disqualification can have life changing effects.

Speeding Devices

There are various types of devices that are used to detect speeding; these include hand-held devices, fixed cameras, police in-car equipment and average speed cameras. These devices are not always set up or used by the police correctly; this can give rise to successfully challenging a prosecution.

You can be prosecuted for speeding simply on the witness evidence of one Police officer who has formed the opinion that you were speeding and the evidence from a speed detection device that corroborates that opinion. These types of cases can be challenged by our expertly trained and experienced Higher Court Advocates and motoring law experts through robust and fearless cross-examination of the officers.

Our team regularly challenge in efforts to obtain reduced penalties or have a case ‘thrown out’ completely.

Legal knowledge and expertise is imperative if you believe you were not at fault; our vast experience in identifying potential loop holes or overlooked evidence could be the difference in getting you back on the road or losing your licence completely.

Speeding Penalties

Penalties vary depending on:

a) The speed you were alleged to be exceeding; 
b) The limit on the road where the offence occurred; and 
c) The number of points you have on your licence.

After four years the points will be deleted from your licence. However, they will only count for the purposes of “totting up”, for three years.

Speed Limit (mph)

Recorded Speed (mph)

20

41 and above

31 – 40

21 – 30

30

51 and above

41 – 50

31 – 40

40

66 and above

56 – 65

41 – 55

50

76 and above

66 – 75

51 – 65

60

91 and above

81 – 90

61 – 80

70

101 and above

91 – 100

71 – 90

Sentencing Range

Band C fine

Band B fine

Band A fine

Points/Disqualification

Disqualify 7-56 days OR 6 points

Disqualify 7-28 days OR 4-6 points

3 points

  • Must endorse and may disqualify. If no disqualification impose 3 – 6 points
  • Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days.

 

Starting Point

Range

Fine Band A

50% of relevant weekly income

25 – 75% of relevant weekly income

Fine Band B

100% of relevant weekly income

75 – 125% of relevant weekly income

Fine Band C

150% of relevant weekly income

125 – 175% of relevant weekly income

 

What is the relevant weekly income?

The seriousness of an offence determines the choice of fine band and the position of the offence within the range for that band. The offender’s financial circumstances are taken into account by expressing that position as a proportion of the offender’s relevant weekly income.

Where:

  • an offender is in receipt of income from employment or is self-employed and
  • that income is more than £120 per week after deduction of tax and national insurance (or equivalent where the offender is self-employed),

The actual income is the relevant weekly income.

Where:

  • an offender’s only source of income is state benefit (including where there is relatively low additional income as permitted by the benefit regulations) or
  • the offender is in receipt of income from employment or is self-employed but the amount of income after deduction of tax and national insurance is £120 per week or less,

The relevant weekly income is deemed to be £120.

In calculating relevant weekly income no account should be taken of tax credits, housing benefit and child benefit or similar.

No reliable information

Where an offender has failed to provide information, or the court is not satisfied that it has been given sufficient reliable information, it is entitled to make such determination as it thinks fit regarding the financial circumstances of the offender. Any determination should be clearly stated on the court records for use in any subsequent variation or enforcement proceedings. In such cases, a record should also be made of the applicable fine band and the court’s assessment of the position of the offence within that band based on the seriousness of the offence.

Where there is no information on which a determination can be made, the court should proceed on the basis of an assumed relevant weekly income of £440. This is derived from national median pre- tax earnings; a gross figure is used as, in the absence of financial information from the offender; it is not possible to calculate appropriate deductions.

Where there is some information that tends to suggest a significantly lower or higher income than the recommended £440 default sum, the court should make a determination based on that information.

Totting up

If you have nine points “live” on your licence (ie imposed within three years of the current offence) and the new points bring them to a total of 12 or more, you will be what’s commonly referred to as a “totter”.

This means that the Magistrates will impose a minimum of six months disqualification unless there are special reasons not to impose the points. For example, if the disqualification caused exceptional hardship to the driver and any dependants.

Seeking expert legal advice when you reach 12 points on your licence is imperative in allowing our specialist motoring team to identify any potential exceptional hardship circumstances that may prevent the loss of a licence.

Mistakes Happen

Speeding offences rely on evidence taken via various technical devices, for example speed cameras.

Our success rate in handling cases where the speed allegation can be challenged is exemplary.  We regularly review cases where errors have occurred and the mistakes become apparent.

For example, where equipment has been incorrectly used, records inaccurately kept or the use of unlawful road signs.

Equipment should be operated within guidelines and records must be correctly maintained. This doesn’t always happen and that is why with the expertise of Just Motor Law you have access to leading legal representation to examine each and every detail that could change the outcome of your case.

We have represented clients across the UK in such cases, including the nationally reported M6/M42 variable speed signs cases.

We understand that not everybody wants to challenge the evidence of the Police and may accept that they were speeding. However, it may be that although you admit to speeding, you dispute the alleged speed. In such cases our motor law experts enter into negotiations with the Crown Prosecution Service to achieve the best possible outcome to protect your driving licence.

 

Do you need assistance with Motor Law?

Simply complete the online enquiry form below and a member of our team will contact you.

Let Just Motor Law guide you on your legal journey.

 








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