Speeding offences

Speeding offences

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

At Mander Cruickshank Solicitors, 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 solicitors through robust and fearless cross-examination of the officers.

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.

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 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 near 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 Mander Cruickshank Solicitors you have access to leading legal representation to examine each and every detail that could change the outcome of your case.

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.