Are you facing prosecution for a Speeding Offence? Contact our Speeding Solicitors now for free advice.
Speeding is one of the most common offences committed by individuals. This is mainly due to the increasing number of speed cameras and varying speed limits imposed across the country.
Many individuals either mistake the speed limit on the road or don’t actually realise that they are driving above the limit. It is therefore very easy to fall foul of the law and face prosecution for speeding.
It may be the case that the device used in measuring speed is faulty and as a consequence the reading produced is erroneous. Alternatively, it may be that the reading produced is inaccurate due to human error as a result of the device being incorrectly operated by a police officer. It is also essential that all necessary records are completed and retained by the police officers to ensure that the speed recorded is accurate. If there are any issues in respect of any of the above, then you may be able to contest the speeding allegation.
If you seek to challenge a speeding allegation then the prosecution must prove that the device used to record the speed was one that has received Home Office approval; that on the day of the alleged offence the device was fully functional and used in the prescribed manner; that the road is subject to a speed limit and finally the identity of the driver must be confirmed.
Our specialist solicitors have received comprehensive training and have a wealth of experience in this technical area and understand exactly how the speed detection device should be operated. If you have received a notice of intended prosecution but do not believe you were speeding and require assistance on how best to deal with the situation or if you require representation at Court with a view to defending the speeding allegation, it is imperative that you seek expert legal advice.
The most common methods used to detect speeding offences include the following:
- Hand held laser devices
- Fixed cameras
- Vascar equipment inside police vehicles
- Multiple cameras detecting average speeds
If you have been accused of speeding but do not believe that you were in fact speeding, it is imperative that you make contact with our Speeding Solicitors for a free consultation so that you can ascertain your legal position. At Caines Law, we aggressively defend speeding allegations and investigate any errors in the speed enforcement process in an effort to avoid prosecutions for our clients.
Damage Limitation (in the event there is no defence)
Our Speeding Solicitors cannot only assist you in terms of defending allegations of speeding, but can also offer advice and representation to motorists charged with speeding who do not have a defence and who wish to plead guilty in an attempt to avoid a disqualification from driving. If you decide to plead guilty, and a driving disqualification is being considered by the Court, the objective then turns to damage limitation. In such circumstances, the focus is then to ensure that a ban is avoided, or reduced to a duration that will cause minimal disruption and hardship.
A disqualification from driving following a conviction for this offence is not mandatory so even after a conviction, it is possible to argue that a disqualification should not be imposed but rather points be imposed instead. The manner in which the case is presented before the Court and the extent of relevant supporting evidence used when detailing mitigation and hardship plays a crucial role in the Court’s decision on whether to impose a discretionary disqualification or penalty points.
Alternatively, with thorough preparation and legal representation we may be able to persuade the Court to impose fewer penalty points for the speeding allegation or a shorter period of disqualification (between 7-14 days and not 56 days or more which the speeding offence could attract).
For more information, please consult the Magistrates Court Sentencing Guidelines.
There are many instances when the correct signage is not in place or the street furniture in place is positioned in contravention of the law. In such circumstances, you need a specialist Speeding Solicitors to investigate this for you. Defects in signage can result in the avoidance of a conviction. We have considerable experience and have access to experts in signage cases who aggressively fight for our clients. If you are facing prosecution in respect of Speeding but believe that there are defects in the signage, call us now for a free consultation.
You may have a defence if you can show the Court, with the assistance of expert evidence, that the speed recorded by the speed enforcement device is inaccurate or that the signage present was defective. This is a technical area of the law and if you believe that you have a defence, you may very well have a defence and so are advised to call us now.
In circumstances where no defence can be put forward, it may be possible to save your licence by arguing ‘Special Reasons’. A Special Reasons argument may apply if you were travelling at Excess Speed in an emergency situation for example, a medical emergency or there was a defect with the vehicle. Please see our section on Law on Special Reasons for more information on this area.
If any of the above circumstances apply to you, give us a call now and our Speeding Solicitors will assess your circumstances and advise you on your legal position.
Exceptional Hardship – Totting up as a consequence of Speeding
If you have pre-existing penalty points on your driving licence then as a consequence of receiving a notice if intended prosecution for Speeding, you may accumulate 12 or more penalty points on your driving licence and as a result may face a mandatory 6 month driving disqualification under the ‘totting up’ provisions. However, in such circumstances, we may be able to argue ‘Exceptional Hardship’ with a view to avoiding the driving disqualification altogether.
If you are at risk of a 6 month disqualification, please see our section on Exceptional Hardship.
Contact Our Speeding Solicitors
If you have been accused of speeding but do not believe that you were in fact speeding, it is imperative that you make contact with us for a free consultation so that you can ascertain your legal position. At Caines Law, we aggressively defend speeding allegations and investigate any errors in the speed enforcement process in an effort to avoid prosecutions for our clients.
Alternatively, if you wish to avoid a driving disqualification or wish for the Court to be lenient when imposing penalty points, our expert solicitors can assist you in respect of this.
Our specialist representation involves thorough preparation of your case, one of our specialist lawyers are allocated to your case personally and are on hand for advice and guidance. We have a wealth of experience in this area and therefore if you wish to seek advice or simply want to discuss your case with one of our Speeding Solicitors, Contact us on 0800 6441544 for a free consultation. Alternatively complete the Contact us form and we will make contact with you to discuss your case
You can also make contact with us on our London, Manchester, Birmingham, Leeds or Cardiff numbers which can be found on our Contact Us page.
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