Speeding - Motoring Offence
Speed limits apply to all roads in the UK. If you are caught exceeding the speed limit then you will have committed the motoring offence of speeding, and will be issued with a speeding ticket. The evidence for the motoring offence of speeding can be photographs taken from a speed camera, which can be a stationary speed camera, a handheld speed camera, a mobile speed camera, etc. The proof that you were driving over the speed limit can even be based on evidence from two expert eyewitnesses such as police officers. There are over 40 types of speed measuring devices to measure the driving speed of the motorists for the purpose of prosecution and all the devices used for speed detection must be properly calibrated and used only by officers specifically trained in their operation. The rules governing the usage of these driving speed detection devices are strict and if these are not met then the prosecution may fail to prove that you committed the motoring offence of speeding. The Police officers are rarely asked to demonstrate that they have operated a speed detection device properly and its not rare to find officers who have no clear understand of the purpose of various checks that they are supposed to perform on the device used to measure the driving speed of a vehicle. In order for the Prosecution to prove that you committed the motoring offence of speeding, they must prove it beyond "reasonable doubt".
The severity of speeding motoring offence depends on how fast you were travelling in relation to the legal speed limit on that particular road. If you were speeding on a regular road then you will receive between 3 and 6 penalty points on your driving licence, a fine of up to £1000 and discretionary disqualification. And if you are caught driving at 30mph or more over the speed limit then you will most likely face a driving ban. If you are caught speeding on a motorway then you will receive between 3-6 penalty points on your driving licence and a fine of up to £2500. If you are caught driving at 100mph or over then you will most likely receive a driving ban.
Please note that the motoring offence of speeding is an absolute offence which means that unless you can prove that the evidence against you is faulty you will automatically be found guilty. Often, the police officer issuing speeding ticket will give you the option of accepting fixed penalty for your motoring offence of speeding, which is generally lower than if you refuse to admit guilt and pursue the matter in court. And if you do take your matter of speeding to court then you will argue in front of a judge and not jury. This is because defendants accused of the motoring offence of speeding do not receive jury trials. Before your prosecution for your motoring offence of speeding, you will be issued with a Notice of Intended Prosecution either verbally by the police officer who stopped you or via post in case you were caught on a speed camera. You then have 28 days to identify the driver of the car responsible for committing the speeding motoring offence, and if you are unable to identify the driver then you may be prosecuted for a further offence of "failing to provide details". If you are charged with driving 26mph or more over the legal speed limit or if the resulting penalty points on your driving licence lead to a ban then you will have to attend the court.
If you have received a speeding Summons, we highly recommend you get professional advice from Defend My Licence as soon as possible, as this can make a huge difference to the outcome of your particular case of speeding motoring offence. With specialist advice from Defend My Licence, we can assist you in minimising the punishment and in many cases, avoiding disqualification. Defend My Licence can help you in minimising the amount of fine and can guide you through all the legal and court procedures. Defend My Licence will argue if you have any defence in law. Even If you do not have any defence in law against your motoring offence of speeding, it may still be possible for us to argue for "special reasons" why you should not be disqualified or endorsed, such as driving in some kind of emergency.
Penalty:
Motoring Offence of Speeding - Fine up to £2500 for motorway speeding and up to £1000 for any other road speeding, 3-6 penalty points on your driving licence and discretionary disqualification.
Defend your driving licence against the motoring offence of Speeding. Click here to get EXPERT advice from Defend My Licence.
