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Speeding Offence Solicitors

It is all to easy to contravene a speed limit nevertheless the most minor of speeding offence infringements are subject to prosecution. Looked at in isolation a speeding offence may appear trivial and not worthy of challenge especially with the option of an out of court fixed penalty. However it must be remembered that under the totting up procedure it only takes four minor speeding violations within three years to result in a driving ban and only 2 for those who are still within 2 years of passing their driving test. For more serious violations the Court have the power to impose a driving ban for a single speeding offence.

Each speeding offence is different; a different road, different weather, different device used etc. all of which can have an impact on the overall outcome and it is therefore important that every case is not just looked at for 'loopholes' but is looked at on it own merits. At MJP solicitors this is what we do.

Speeding Points / Fine Calculator

Use our calculator to see what penalty you could receive

During your initial free, no obligation consultation we'll listen to the details and your case and discuss any possible defences and issues that may arise. Your motoring solicitor will have a thorough knowledge of The Road Traffic Regulation Act 1994 which governs this area of law ensuring that a speeding offence is not unnecessarily accepted.

Getting Advice and Representation

All enquires to us are free with no obligation so if you wish to speak to a specialist speeding offence solicitor you can call 0333 011 0515 and ask for Gary Bryan. Alternatively you can leave a message and we'll get back to you.

Whether you're looking to contest a fixed penalty notice or require defence at court our services are available throughout England and Wales including Liverpool and Wirral.

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Speeding Offences

An enforcement of speeding offence will not usually occur unless the detected speed is 10 per cent over the speed limit plus an additional 2 mph. This is at the discretion of the police force / officer and fixed penalty notices can be issued at speeds less than this.

Below we've briefly detailed possible issues / defences that may arise on different types of road and different speeds as well as an indication as to when you may received a fixed penalty notice (3 penalty points and a £100 fine) or a court summons for speeding.

Speeding in a 30 MPH

The legislation makes it an offence to drive a motor vehicle on a ´restricted road´ at a speed exceeding 30 MPH. We will assess whether the road fits the statutory definition of a restricted road. Does it have a system of street lights no more than 200 yards apart or has the relevant authority directed it to be a restricted road?

There are a number of issues that arise out of the above requirement. We will provide you with specialist advice on such matters.

30 Speed Limit
Fixed Penalty: 35 mph - 49 mph
Speeding Summons: 50+ mph

Please note these are guidelines only.

Speeding in a 40 MPH to 60 MPH

The local authority can impose various speed limits such as 40 MPH, 50 MPH or 60 MPH. A road with such a speed limit will no longer be classed as a ´restricted road´ and accordingly the system of street lamps mentioned above may not be present but a person may not be convicted unless there are the necessary ´speed restriction signs´

The signs must be present, erected and maintained in such a way as to provide adequate guidance to the driver as to what speed limit should be observed. Please let us know if the sign did not provide you with enough notice of the new speed limit for example; was it obscured by the branches of a overhanging tree or overgrown hedge.

The legislation places strict obligations on the proper authorities regarding the placement and design of ´speed restriction signs´ , we will provide you with specialist advice on such matters.

40 Speed Limit 50 Speed Limit 60 Speed Limit
Fixed Penalty: 46mph - 65mph Fixed Penalty: 57mph - 75mph Fixed Penalty: 68mph - 85mph
Speeding Summons: 66+ mph Speeding Summons: 76+ mph Speeding Summons: 86+ mph

Please note these are guidelines only.

Speeding in a 70 MPH

The legislation makes it an offence to drive a motor vehicle on a motorway or dual carriageway at a speed exceeding 70 MPH. But please note there are lower speed limits on certain stretches of the motorway.

Drivers are often surprised to find just how much they have driven over the 70 MPH speed limit in this modern age of high performance motor vehicle and external noise reduction. In the event of prosecution special mitigation is required to persuade the court from moving straight to a discretionary ban. An immediate ban can be given for motorway speeds of 96 MPH. We recently avoided a ban for a client who drove at 108 MPH!

70 Speed Limit
Fixed Penalty: 79 mph - 95 mph
Speeding Summons: 96+ mph

Please note these are guidelines only.

Speeding over 100 MPH

Defences for speeds over 100 MPH need careful consideration and we highly recommend you speak to a specialist motoring solicitor as soon as possible. If convicted sentencing for high speeds can involve long bans and large fines. It is therefore important that you seek legal representation for your case even if you are wishing to plead guilty.

100+ mph
Fixed Penalty: N/A
Speeding Summons: Yes

Please note these are guidelines only.

If you have any questions regarding a speeding allegation please do no hesitate to call on 0333 011 0515 or leave your number below and we'll get back to you at a more convenient time.

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Speed Camera Types

The police and local authorities now have at their disposal a vast array of technology to detect speeding offences. Below we've provided information on the most common devices used for measuring the speed of a vehicle.

Gatso

There is the GATSO which relies on a radar to detect the speed of the oncoming motor vehicle. The radar will activating the camera which will take two photographs at a timed interval, for example 0.7 seconds apart. The photograph can then be used to show distance travelled within that time frame by the use of markings on the road, thus giving the speed of the vehicle. The GATSO relies on a rear facing camera and accordingly it will not take a picture of the driver.

Truvelo

There is the TRUVELO which relies on electronic sensors in the road barely visible to the motorist which calculates the speed of the vehicle. Again a photograph is taken but this time using an infra red flash which will not be noticeable to the driver. Thus allowing the camera to be forward facing. The photograph can identify the car and the driver.

Hand-Held Devices

There are the hand-held devices such as the LTI 20.20 TS/M. The LTI 20.20 determines speed by measuring the time of flight of very short pulses of infra red light. The time it takes to hit the car and travel back is directly proportionate to the distance of the car. By firing two pulses at a fixed time interval two distances can be calculated. The change in distance divided by the time interval between the two pulses gives the speed of the car.

In the case of Kent v Stamps [1982] the court held that the reading of the machine should be classed as very strong evidence but went on to say that we have not reached the stage where the reading should be classed as absolutely accurate and true no matter what. The court recognised that ´ there are all kinds of things in a case like this which might have gone wrong.´

Average Speed Cameras

SPECS average speed cameras are used at the roadside to control the speed of traffic over a set distance. Most commonly seen on the motorway.

Using ANPR recognition the camera is able to detect when a car passes each camera and an image is taken with a date and time stamp. A computer can then calculate a motorists speed between two cameras and if a speeding offence is detected an appropriate penalty (fixed penalty or NIP (court summons)) will be issued.

Your Motoring Solicitor will be in a position to identify the many possible errors and failures that could give rise to an inaccurate reading.

In addition to this we will also examine whether the police have complied with the strict procedural guidelines regarding the power to request a person suspected of committing a speeding offence to identify himself. And whether the Crown Prosecution Service have correctly commenced the proceedings.

Getting Advice and Representation

if you are looking to contest a speeding fixed penalty notice or have received a court summons for speeding then we can help. All enquires to us are free with no obligation and we'll be able to discuss your case and the next steps to take.

To speak to a solicitor you can call 0333 011 0515 or alternatively you can leave a message and we'll get back to you. Advice and representation from our speeding solicitors is available throughout England and Wales including the North West, Merseyside, Liverpool and Wirral.

contact us

For further information and advice speak to one of our specialist solicitors today by using the details below or fill in the form and we will get back to you.

Telephone: 0151 286 9594

24 Hour: 0333 011 0515








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