Speeding is the most common Driving Offence committed by motorists throughout England and Wales each year, resulting in thousands of motorists facing an endorsement of Penalty Points on their Driving Licence, or a Driving Ban.
Our Specialist Motoring Offence Solicitors are contacted daily by concern road users facing prosecution for a Speeding Offence and they will usually ask ‘How Much Does It Cost’ and ‘Do I need a Solicitor for Speeding’. In this short article we will attempt to provide general guidance and will attempt to answer these questions.
The Sentence for Speeding
It is important to firstly appreciate that a person facing prosecution for a speeding offence could receive:
- 3 to 6 Penalty Points; or
- A Driving Ban of up to 56 Days; or
- A Penalty Points Disqualification (Totting-Up Driving Ban) of at least 6 Months.
The category in which a person comes under will depend upon the number of active points already on their driving licence and the speeding offence itself.
If you are unsure on whether you require a Speeding Offence Solicitor for your case, please call us on 0345 222 9955 and one of our specialist motoring offence solicitors will provide you with further guidance on the merits of appointing a lawyer.
The Cost of a Specialist Speeding Offence Solicitor
As a Specialist Road Traffic Offence Law Firm, our fixed fees start from £1,000+VAT (£1,200) for legal representation for speed limit offences.
The precise cost of the case will depend on the following:
- The number of other offences on the Charge Sheet / Postal Requisition
- If the case progresses to a Trial
- Whether we need to make a Special Reasons Argument
- Whether we need to make an Exceptional Hardship Argument
- The location of the Magistrates’ Court
- If we are appointed at short notice.
Do You Require A Lawyer for a Speeding Offence?
We offer an initial no obligation assessment to any potential clients who are in need of one of our specialist Motoring Offence Solicitors or Barristers.
Call Kang & Co on 0345 222 9955
Active Points Already on Your Licence?
If you already have active penalty points endorsed on your licence, it is more likely that you will require expert legal representation.
If you have 6 points on your licence, there is a risk that the new offence could result in a further 6 points being added, resulting in a total of 12 penalty points. Once a person accumulates 12 points the Court will impose a ‘Penalty Points Driving Ban’ which will be for a period of at least 6 months.
If you have 9 points on your licence, then you will certainly benefit from having legal representation at Court because even if you receive 3 penalty points for the speeding offence, you will be classed as a ‘Totter’ because you have reached 12 points and the Court will impose a minimum 6 Month Driving ban, unless you make an Exceptional Hardship Application.
If you are facing a ‘totting-up’ disqualification for speeding, these can sometimes be avoided by making a successful Exceptional Hardship Application. The cases require a significant amount of preparation and robust representation at Court to convince the Magistrates’ or District Judge not to impose a Driving Ban of at least 6 months.
If you are at risk of receiving a disqualification due to the accumulation of points, then you should seriously consider appointing an experienced lawyer to prepare your case and to represent your interests at Court.
Circumstances of the Offence
In certain circumstances a person may accept committing the offence however, there might be a reason for breaking the law.
We have represented clients where they accept driving over the speed limit however they may have been taking someone to the hospital, in such circumstances a Special Reasons Argument may be applicable.
If a Special Reasons Argument is accepted by the Magistrate’s Court, the Court will have the discretion to impose zero penalty points for the offence.
If you are considering raising Special Reasons, you should appoint expert legal representation at Court as such cases require substantial preparation and legal submissions.
Mitigation is the action of reducing the severity of the case to obtain a lower sentence. Good mitigation from a lawyer will usually result in less penalty points, which might ultimately avoid a driving disqualification. Mitigation can also be used to convince the Court to impose points rather than a ban.
Significantly Over the Speed Limit
If you were caught travelling well over the limit, there is a high probability that you may receive a driving disqualification of up to 56 days. If you can manage without driving for such a period, then you may not need to appoint a solicitor however, if such a driving ban would result in loss of your employment or financial difficulties you should consider attending Court with a solicitor.
We have successfully mitigated on behalf of our clients and in these circumstances have convinced the Court to impose points rather than a disqualification.
Contact Our Specialist Motoring Solicitors
If you remain unsure on whether it would be beneficial to appoint a specialist lawyer for your speeding case, call us on 0345 222 9955 for more information on our fixed fees and how we can help.
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