Solicitors for Speeding Offences
The offence of Speeding is contained within Section 89(1), Road Traffic Regulation Act 1984
The offence of exceeding the speed limit generally fall into four categories:
- Exceeding the speed limit on a road restricted to 20, 30 40 or 50mph;
- Exceeding a temporary speed limit of 70, 60 or 50mph on a road other than a motorway
- Exceeding the speed limit on any road the limit applied to the class of vehicle; and
- Exceeding the limits of speed applicable to motorway only.
The offence of speeding is a strict liability offence which means that the prosecution is not required to prove an intention to speed.
- Built-Up Areas – 30mph or 20mph in some areas
- Single Carriageways – 60mph
- Dual Carriageways & Motorways – 70mph unless stated otherwise.
Notice of Intended Prosecution (NIP)
Section 1 of the Road Traffic Offenders Act 1988 requires that for certain offences:
- The defendant must have been warned at the time of the possibility of the prosecution for the offence; or
- The defendant must have been served with the summons within 14 days of the offence; or
- Notice of the possibility of the prosecution must have been sent by the prosecutor within 14 days of the offence either to the driver or the registered keeper of the vehicle.
This requirement also applies to the offence of speeding. Our expert motoring lawyers investigate all aspects of speeding offences to ensure that the prosecution have not failed to comply with their requirements. Our lawyers have successfully defended speeding offences due to identifying failures by the prosecution.
The offence of Speeding is triable only summarily, this means that a trial would only take place in the Magistrates’ Court.
If a defendant is convicted or pleads guilty to speeding, the court can impose 3 to 9 penalty points or disqualify the defendant from driving for up to 56 days. In addition to the penalty points or disqualification, the court will impose a level 3 fine (level 4 fine if the speeding occurred on a motorway).
A speeding conviction can also result in a ‘totting up disqualification’ in certain circumstances, this could result in a driving disqualification of six months or more.
An example of where ‘totting up’ would occur is if a defendant already has 6 active penalty points on a driving licence and then commits an offence of speeding (51mph on a road restricted to 30mph). The speeding offence would result in a further 6 points being endorsed onto the driving licences, resulting in a total of 12 penalty points. In these circumstances, the defendant would be facing a driving disqualification of at least 6 months.
Our Speeding Solicitors
The offence of Speeding could potentially result in an outright disqualification due to the recorded speed, or a totting up disqualification. A charge of speeding should be taken seriously and expert legal advice should be sought as soon as possible.
In preparing a case for speeding, each aspect of the evidence should be considered by an expert motoring law solicitor to identify weaknesses in the prosecution case and whether a defence is available. In certain circumstances, it will be appropriate to make an exceptional hardship application.
Kang & Co Solicitors have expert speeding offence solicitors and barristers with considerable experience in defending cases of speeding throughout the country.
Our speeding offence solicitors represent clients for speeding in Birmingham, Manchester, London, Leeds, Liverpool, Bristol, Wolverhampton, Nottingham, Sheffield, Derby and Leamington Spa.
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