Speeding Penalties & Offences: (Radar, laser and other speed camera devices)

It is an offence to drive a motor vehicle on a road exceeding a statutory speed limit. We are frequently instructed by clients regarding speeding allegations. Often, clients will want to know whether the case that they are facing has been undertaken in a procedurally correct way, or whether there is a ‘loophole’ or ‘technicality’. Our team has vast experience in reviewing the case to establish whether there are any such technicalities. Examples are as follows:

• The notice of intended prosecution (‘NIP’) has not been sent within the correct timeframe.
• The necessary information has not been filed with the court within the statutory time period.
• There are material inaccuracies within the prosecution statement(s).
• The speed camera appears to have used in a procedurally incorrect way.
• We might also consider whether there were ‘special reasons’ for driving at excess speed.
• Specific advice may need to be provided in relation to a ‘penalty point / totting’ disqualification.

Penalty:

• If convicted of speeding, you will receive a fine, as well as a number of penalty points or disqualification period. If the offence was committed on a motorway, the maximum fine will be £2,500.00. Otherwise, the maximum fine is £1,000.00. The decision on whether to impose penalty points (which can range from 3 to 6) or a disqualification period very much depends upon the circumstances of the particular case.

Failing to provide driver’s identity:

(under the S.172 notice of intended prosecution procedures)

Where a driver is not stopped by the police at the time of an alleged offence, a notice of intended prosecution will normally be sent to the registered keeper of the vehicle within 14 days. The registered keeper will be required to give information concerning the identity of the driver at the time of the alleged offence. It is an offence to fail to respond with the necessary information within the timeframe given by the police.

Offences of exceeding the speed limit are contained in the Road Traffic Regulation Act 1984. There are four offence classes:

Exceeding the limit on a road restricted to 20, 30, 40 or 50 mph;.

Exceeding the temporary limits of 70, 60 and 50 mph on roads other than motorways;

Exceeding on any road the limit applicable to a specific class of vehicle; and

Exceeding motorway speed limits.

We often represent clients who are alleged to have travelled at excess speed. Clients sometimes wish to deny the allegation altogether as they genuinely do not believe that they committed the offence or do not consider that the police procedures were carried out correctly. Frequently, defence cases will include the following:

Speed limit was not identifiable.

Speed detection device was not operated correctly / approved.

There is the opinion of only one witness, uncorroborated by other evidence.

Alternatively, clients may wish to plead guilty, with a view to mitigating any sentence to a minimum. This will be the case where disqualification is faced for travelling at a very high speed or under the penalty point / totting procedures.

Penalty:

Maximum fine: £1,000 £2,500 if offence committed on a motorway)

3-6 penalty points or disqualification from driving

It can, in some instances be very difficult to establish who the driver was at the material time. We frequently represent clients who find themselves in this predicament. Due to the time limits imposed, it is important not to delay in dealing with your response.  

Contact us as soon as possible on guidance on information to provide. If you have received a summons to attend court for an offence under this section, contact us. We can normally deal with this kind of case administratively, by correspondence to the police / prosecution. Alternatively, we can represent you at court.

Penalty: The penalty for this offence is an endorsement of 6 penalty points, together with a fine of up to £1,000.00. Disqualification can be ordered instead of penalty points, but in practice this is rare.  

We are able to offer private representation for all types of motoring offences. Legal aid might be available in a limited number of cases.

Please call 0844 2640 999 for help and further information.