- 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.
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
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)
||41 and above
||31 – 40
||21 – 30
||51 and above
||41 – 50
||31 – 40
||66 and above
||56 – 65
||41 – 55
||76 and above
||66 – 75
||51 – 65
||91 and above
||81 – 90
||61 – 80
||101 and above
||91 – 100
||71 – 90
||Band C fine
||Band B fine
||Band A fine
||Disqualify 7 – 56 days OR 6 points
||Disqualify 7 – 28
days OR 4 – 6 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
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
- No previous convictions or no relevant/recent convictions
- Good character and/or exemplary conduct
- Genuine emergency established