The cost of challenging a speeding prosecution unsuccessfully is now so great that many people choose to take the fixed penalty option or attend a Driver Awareness Course. If you have to go to Court over a speeding allegation, this is more likely to be because the alleged speed was too high for the fixed penalty option or because you were at risk of a disqualification from driving under the totting-up provisions due to the existing number of points on your licence.
There are a number of potential defences to speeding allegations. For you to be convicted, the prosecution have to prove so that the Court is sure that you were driving a motor vehicle on a public road or in a public place at a speed exceeding the limit for that road.
If you were on a road that has street lighting in place with lamps that are less than 200 yards apart and even without specific speed limit signs, the road is restricted to 30MPH.
There are plenty of “urban myths” surrounding what the prosecution need to do to secure a conviction and if you would like genuine expert advice as to whether or not a technical defence may be available to you, please contact us.
The Law
Section 89 Road Traffic Regulation Act 1984
A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this Section applies, shall be guilty of an offence.
What am I looking at?
Recently revised, the guideline sentence start point is as follows:
| Speed Limit (mph) |
Recorded speed (mph) |
|
|
| 20 |
41 and above |
31-40 |
22-30 |
| 30 |
51 and above |
41-50 |
31-40 |
| 40 |
66 and above |
56-65 |
41-55 |
| 50 |
76 and above |
66-75 |
51-65 |
| 60 |
91 and above |
81-90 |
61-80 |
| 70 |
101 and above |
91-100 |
71-90 |
| Sentence Range |
Band C Fine |
Band B Fine |
Band A Fine |
| Points / Disqualification |
Disqualify 7-56 days OR 6 points |
Disqualify 7-28 days OR 4-6 points |
3 points |
Whilst sentence is often based on speed as per the table above, the Court also looks at other factors including relevant previous convictions and aggravating factors.
Is Legal Aid available?
Whilst it would be unusual for a speeding offence to attract Legal Aid, in certain circumstances it may satisfy the “interest of justice” test particularly if your livelihood is at
risk. If you are also financially eligible, Legal Aid could be available.
Contact us now and we can provide you with expert advice regarding Legal Aid eligibility or a fixed fee to provide representation.
