Speeding Related Offences

It is an offence to exceed the speed limit by even 1 mph. However, each speed detection device is given a margin of error (generally said to be around 10%) to try to ensure that the speeding offences caught are genuine offences.

Defences
There are a number of issues that might lead to a case being dropped against you, or you being found not guilty. These include:-

• Not the driver at the time
• Not speeding at the time. To prove that you were not speeding can be difficult as the law states that the reading given by the speed detection device (whether it be a Radar, LaserCam, Gatso or any handheld version) is presumed to be accurate unless you can show otherwise. This can involve calling expert evidence.
• Technical defences to show the procedure has not been correctly followed which leads to a flawed prosecution and the possibility of the speeding case being dropped.
• The offence is time barred. The Prosecution have to “lay” this offence within 6 months in order for you to be Prosecuted for speeding. This 6 months runs from the date of the speeding offence from the date of the “laying of the information” before the Magistrates court.

Penalty

• 3-6 penalty points; or
• Disqualification; AND
• Fine
• Costs
• Victims surcharge

If by pleading guilty to speeding you will have more than 12 points on your license you will be facing a 6 month disqualification from driving. An Exceptional Hardship argument is the only way to avoid this ban.

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When a requirement for the driver’s details is made, the registered keeper has a duty to provide the driver’s details or provide any information which may lead to the identification of the driver within 28 days of receiving the request.

If you were the driver…

• You must complete the form provided and sign the form confirming you were the driver
• You will then be contacted providing you with full details of the offence and it is then up to you to say whether you are guilty or not. Depending on the type offence and the state of your driving license (if it is a driving offence) will depend on whether you will be offered a fixed penalty notice, a Speed Awareness Course or whether you will have to attend court.

If you were not the driver but you know who was…

• You must complete the form provided with as many details as you have of the driver to enable the Prosecuting Authority to contact them directly

If you were not the driver and do not know who was driving….

• You should return the form with a covering letter explaining the reason why you are unable to identify the driver. If there are many possible drivers you should name these drivers but try to narrow down the possibilities.