Speeding Offences, (Driving in Excess of the Prescribed Limit)

Our motoring lawyers have been dealing with speeding offences since the 1970s. We have seen the law develop and change, and we have seen motorists more and more be shunted into the legal system by the government as if they are criminals.

We take for granted none of the "perceived wisdoms" about whether the speed detection technology or legal processes are fair and correctly used. It is our job to challenge the evidence, not agree with it.

Mary Monson Motoring Solicitors are proactive in fighting our clients' cases in court and have an excellent success rate in challenging speeding prosecutions. If a client does wish to plead guilty, we can usually limit the damage to save his or her driving licence. Please see below for a recent and typical case study of a client we have successfully represented, followed by an explanation of the law relating to speeding offences.

(For information on penalty points disqualification, and how we help our clients avoid it, click on the Totting Up section on the left of this screen.)

The Law in Reality

Issues such as type approval of Home Office speed detection devices may seem to offer “open shut” defences to allegations of speeding, and often do, but the fact that magistrates are often not used to dealing with legal rather than factual points to the same extent as Judges in the Crown Court can mean that defences on a legal or technical basis can be viewed with scepticism in the Magistrates Court. To combat this, it is often necessary to call expert evidence, and make specific reference to both legal and procedural documents and good practice guides. Of particular use can be the ACPO (Association of Chief Police Officers) Code of Practice for the Operational use of Enforcement Equipment. It is the rule book for how evidence should be obtained for speeding offences, including information on set up of speed trap location, correct use of different devices and methods, (Laser, Radar, Follow Check in Police Vehicle etc.).

Disqualifications for Speeding

Disqualifications for speeding offences of course vary, depending on speed. For certain speeds, the magistrates can consider awarding points, although these lower speeds will often result in fixed penalties being awarded, meaning 3 points and a fine with no need to go to court if the driver admits the offence.

For higher speeds (usually where the speed is 40 % over the speed limit on force), the magistrates can, and often will impose a ban, starting at 14 days, up to a usual maximum of about a year for anything except the very highest speeds. The magistrates also have the option of imposing up to six points as an alternative, and often will if this will result in the defendant having a total of 12 or more points, as this can lead to a mandatory 6 month ban (see section on totting up). In this situation, a ban can only usually be avoided if the defendant can either challenge the prosecution, or show exceptional hardship. For speeding offences where over 140 mph is recorded, the prosecution might try to charge the defendant with Dangerous Driving.

Is a ban avoidable?

A ban can often be avoided or reduced to a period of just a few weeks if the right mitigation is forwarded, even if a guilty plea has been entered. For these purposes, a lawyer is usually advisable, depending on how important the licence is. Good mitigation will include evidence relating to the character of the client, and also to other people who will suffer if he/she loses his/her licence.

We operate nationally, with offices in London, Manchester, Salford and Birmingham. Give the motoring department a call on freephone 0808 1394880, and we will be happy to advise you if you need a lawyer or not. Alternatively, click our section "Do I need a Lawyer?" on the right of this screen.