Kangs Solicitor
BIRMINGHAM: 0121 449 9888
LONDON: 020 7936 6396
MANCHESTER: 0161 817 5020

Winner of the Legal 500 – ‘Criminal, Fraud & Licensing Law Firm of the Year’ – “One of, if not the best, criminal specialist firms in the country”

Speeding Defence Solicitors

CHAMBERS UK

“They really go the extra mile for the client. They’re real experts in the field and they have a proven track record”

Kangs Solicitors Specialist Motoring Department has many years’ experience representing clients charged with speeding offences, by challenging the allegation or mitigating to ensure the penalty imposed is kept to the minimum level possible.

The Procedure and the Law

Should you be caught exceeding the speed limit you are committing an offence for which you may be prosecuted.

The Association of Police Officers has however, issued guidance to police forces regarding the exercise of a tolerance level.

Enforcement proceedings will not normally be taken where the recorded speed does not exceed the speed limit by more than 10% plus a further 2 miles per hour.

For example in a 40mph zone a prosecution is unlikely where your recorded speed is less than 46mph.

Speed Awareness Course (‘a course’)

Should your recorded speed be in excess of the tolerance threshold explained above, you may be offered the opportunity to attend a course.

One criterion for eligibility for a course is that your recorded speed did not exceed the speed limit by more than 10% plus 9mph.

For example, in a 40mph zone you could be eligible for a course up to a speed of 53mph.

A course normally takes the form of a classroom session lasting half a day and for which you will have to pay between £80 and £120.00.

 

Fixed Penalty Notice (FPN)

If you are not eligible for a course, the police also have the discretion to offer a FPN, which normally also includes an endorsement of 3 penalty points on your licence and a £100 fine.

You do not have to accept a FPN and you can request a Court hearing, should you so elect if, for example, you do not accept you have committed the offence.

However, it is important to note that if the court does not accept your argument and decides to impose a penalty, it will normally be more severe than the consequences of accepting a FPN.

Court Proceedings

If Court proceedings are instigated, Section 1 of the Road Traffic Offenders Act 1988 provides that in order for a person to be convicted of an offence of speeding:

  1. The person must have been warned at the time of the offence about the possibility of prosecution;
  2. The registered keeper must have been sent a notice within 14 days of the offence notifying them of the possibility of prosecution, or
  3. The person must have been served a court summons within 14 days of the offence.

Possible defences to the charge include:

  1. Factual – you were not speeding;
  2. Signage – the speed limit was not identifiable;
  3. Speed detection devices – which may not have been approved or operating correctly
  4. the notice of intended prosecution has not been served correctly

The Sentence

From the 24th April 2017 new guidelines have come into force in relation to speeding offences which significantly increases the level of fines the Court can impose.

If you have pleaded guilty or been found guilty after trial at Court, the maximum sentence for speeding is a fine up to as much as 175 % of your weekly income. However there is still a maximum fine of £1,000 or £2,500, if on a motorway.

You can also be punished by way of the incurrence of between 3 and 6 penalty points or disqualification from driving.

The Magistrates will be guided by the new Sentencing Guidelines which set out both the fine and number of penalty points as outlined below:

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

Legal 500

“Kangs Solicitors is rated for the ‘proactive, expert defence’ it provides to executives and high-net-worth individuals”

Legal 500

“Tenacious in challenging the prosecution”

Legal 500

“It has very bright individuals at all levels who know the system inside out”

Legal 500

“This is a first-class firm with unrivalled experience, a great track record, an acute attention to detail and a tenacity that clients really rate are features of this firm”

Legal 500

“Client care and expert knowledge of their areas of practice. A close-knit team that are always available to clients”

Legal 500

“Kangs ensure the work it does is to the high standards”

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