SPEEDING

Most speeding matters result in a fixed penalty notice.  You do not have to accept it. Further, if the speed is high or you already have nine points on your licence, the matter will almost certainly be listed in Court.  You could be disqualified from driving.  Read More Below to find out how Fitzgerald Solicitors could assist you.

MOTOR LAW MATTERS - SPEEDING

If you wish to contest the case:

  • There are a number of different types of speed camera, all of which are subject to strict rules of use and calibration checks.  

 

  • Failure to operate or maintain equipment properly can mean that the evidence against a speeding driver is insufficient to result in a conviction. 

 

  • You cannot be convicted (i.e. found guilty) on the basis of the evidence of one Police Officer only.

 

  • If the Police do not properly complete their paperwork, the case can be challeged.

 

There are a number of matters to consider in a Speeding case.  A few of them are listed above.  If you wish to contest a Speeding matter or take further advice on the issue, contact Coral Fitzgerald on 07790 356069.

 

 

 

 

 

If the speed is high and you wish to avoid a disqualification:

 

  • If the speed is high (in relation to the speed limit), then there is a risk that you could be disqualified from driving for the offence - whether or not you already have points on your licence.

 

  • The 2017 revised sentencing guidelines for speeding matters is copied at the bottom of the page.

 

  • The disqualification period noted in the guideline is 56 days (8 weeks).  However, where there are aggravating features, or the speed was grossly in excess of the speed limit, it is open to the Court to impose a disqualification in excess of 56 days.

 

  • Where there is no disqualification, between 3 and 6 points can be imposed for one matter of speeding.  This could lead to you being a 'totter,' and at risk of a disqualification of at least 6 months.

 

  • Coral Fitzgerald has assisted many clients to avoid speeding disqualifications.  If you wish to discuss matters further - call Coral on 07790 356069.

 

 

 

 

 

 

If You Have 'Totted,' Up To 12 Or More Points on Your Licence

 

  • If you have totted up 12 points or more, then you are at serious risk of being disqualified as a 'totter.'  The Court must disqualfity you for a minimum period of 6 months, unless it is found that such a disqualification would cause 'exceptional hardship.'

 

  • There is an entire section about Exceptional Hardship but in a nutshell - if a totting disqualification would cause Exceptional Hardship you might be able to avoid being disqualified.

 

  • The hardship caused must be 'exceptional hardship,' and not just 'hardship.'  Each case is decided on its own facts so it is very difficult to give any 'hard and fast,' rules.

 

  • Hardship that is caused to others (relatives / employees / third parties) is more likely to be exceptional hardship than hardship caused only to the 'totter.'

 

  • You can appeal to the Crown Court against a failed exceptional hardship application in the Magistrates Court.

 

  • Coral Fitzgerald has assisted many clients to avoid totting disqualifications.  If you wish to discuss matters further - call Coral on 07790 356069.

 

 

 

SPEEDING - SENTENCING GUIDELINES

 

Speeding (Revised 2017)

Road Traffic Regulation Act 1984, s.89(1)
Effective from: 24 April 2017

Triable only summarily:
Maximum: Level 3 fine (level 4 if motorway) 
Offence range: Band A fine – Band C fine

User guide for this offence


Steps 1 and 2 – Determining the offence seriousness

The starting point applies to all offenders irrespective of plea or previous convictions.

Speed limit (mph) Recorded speed (mph)
20 41 and above 31 – 40 21 – 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
Sentencing 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
  • Must endorse and may disqualify. If no disqualification impose 3 – 6 points
  • Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days.

The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.

Factors increasing seriousness

Statutory aggravating factors

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
  • Offence committed whilst on bail

Other aggravating factors

  • Offence committed on licence or post sentence supervision
  • Poor road or weather conditions
  • Driving LGV, HGV, PSV etc.
  • Towing caravan/trailer
  • Carrying passengers or heavy load
  • Driving for hire or reward
  • Evidence of unacceptable standard of driving over and above speed
  • Location e.g. near school
  • High level of traffic or pedestrians in the vicinity

Factors reducing seriousness or reflecting personal mitigation

  • No previous convictions or no relevant/recent convictions
  • Good character and/or exemplary conduct
  • Genuine emergency established

 

 

ADDRESS

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Mountnessing 

Brentwood

Essex CM15 0UD

 

 

CONTACT DETAILS

Tel: 01277 354500

Fax: 01277 354501

Tel: 07790 356069 (24 Hour Emergency Number)

E-Mail: info@fitzgerald-solicitors.co.uk

 

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E-mail: info@fitzgerald-solicitors.co.uk

 

CALL US ANYTIME FOR ASSISTANCE

 

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Fitzgerald Solicitors is Authorised and Regulated by the Solicitors Regulation Authority Firm Number 553427.

 

 

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