Based across England and Wales, #1 Motoring Solicitors have defended clients throughout England and Wales. With offices in Cardiff, Bristol, Oxford, Gloucester, Northampton, Luton and Princes Risborough we offer national coverage in defending speeding offences.
SPEEDING TICKETS
Speeding tickets or fixed penalty notices are issued by the police where the recorded speed of a vehicle falls within a certain threshold. The APCO Guidelines define the speeds at which it is appropriate to offer a speeding ticket or fixed penalty notice. Where a speeding ticket issued, the Court cannot then prosecute a speeding offence.
A speeding ticket will not be offered to a driver who faces a ‘totting’ disqualification from driving and who is approaching 12 penalty points. For example, a motorist will not be offered a speeding ticket, where 9 penalty points are already endorsed on their driving licence.
If you do not accept a speeding ticket or there appears to be defect in the procedure, #1 Motoring Solicitors can advise you on the next steps. Any defect in the fixed penalty notice procedure or failing to comply with time limits, can often be fatal to the successful prosecution of a speeding offence.
SPEEDING OFFENCES
There are crucial aspects of a speeding offence that the police and prosecution must prove to secure a conviction. Many of the offences dealt with by the Magistrates Court involve the police relying upon speed cameras.
The police and the Crown Prosecution Service must prove in evidence that a speed camera was both operating correctly and being used in the correct way according to operational guidelines. Failure by the prosecution to prove this can end a court case or the risk of prosecution.
PENALTIES FOR SPEEDING OFFENCES
Speeding offences are punishable by way of a financial penalty, a discretionary disqualification from driving and between 3-6 penalty points.
Where speeding allegations exceed the speed limit by a specified speed, the Court will be advised to consider a disqualification from driving. For example, being caught speeding at 41mph in a 30mph zone requires the Court to consider a disqualification from driving and the imposition of a fine.
All speeding offences carry a discretionary power to disqualify. This means that our expert speeding solicitors at #1 Motoring Solicitors can use their experience and expert knowledge to argue against a driving ban. We have successfully argued in Court that drivers travelling at in excess of 100mph should not be disqualified from driving.
The Sentencing guidelines for speeding offences can be found here:
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/
#1 Motoring Solicitors have decades of experience in persuading a Magistrates Court not to impose a discretionary disqualification from driving for speeding offences.
If you’re in doubt about accepting a speeding ticket or worried about losing your driving licence contact #1 Motoring Solicitors for advice.
