With the huge increase in the number of speed cameras it has never been more likely that you will be prosecuted for speeding. Need to defend yourself asap against speeding charges in Scotland? For 24/7 expert advice call us on 01292 289 584. You can also read our Scottish speeding lawyers' guide to the subject below:-
Challenging police speed camera evidence in Scotland
Usually it will be alleged that you have been photographed committing the offence by a fixed police speed camera or on a police hand held device. Alternatively you may have been followed by a police officer monitoring your speed from his own vehicle.
This evidence can be challenged and this is why you should instruct an expert road traffic lawyer at the earliest possible opportunity.
Before you can be convicted the court has to be sure as to the accuracy of any evidence that suggests you were speeding. Such evidence can come from a multitude of sources. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. Depending upon the speed alleged or the numbers of points on your driving licence this may mean that you avoid a driving ban.
Common ways to defend speeding allegations in Scotland
One of the most common ways to defend speeding allegations is by demonstrating that the speed detection device was not being used in line with guidance provide by senior police officers on the ways in which such devices should be used (The ACPO Code of Practice).
The police use a diverse range of speed detection devices to detect speeding motorists.
However, an essential part of any successful prosecution is establishment of the fact that the device used was working properly at the time.
So, for example, the prosecution not only needs to prove that the device was properly ‘calibrated’ or checked for accuracy by the police before it was used but moreover require to prove that the device has been properly checked on an annual basis by the manufacturer to ensure that it is working properly.
Speed limits usually require to be appropriately marked by road signs.
The exact requirements of those signs are set out in the Traffic Signs Regulations and General Directions 2002.
The traffic signs need to comply fully with those regulations with respect to size, colour, shape and visibility. Speed limit signs must also be placed at regular intervals within the speed limit and within specific distances or road junctions.
If the speed limit signs do not comply with these regulations then the speed limit is not lawful and therefore can’t be enforced.
There is a common misconception that if there are no speed limit signs on a road then the speed limit can never be imposed. Where one is dealing with speed limits of 30 mph this is often not the case.
Rather surprisingly, in section 81 of the Road Traffic Regulations Act 1984, it states that even where there are no speed limit signs in place a road is limited to 30 mph when there is in place a street lighting system furnished by lamps placed at no more than 200 yards apart.
If however there is no street lighting system in place, the road can only be restricted to a specific limit by speed limit signs.
Penalties for speeding upon conviction
In many cases a person will accept that they were speeding but will still require our help. Upon conviction for speeding you will usually receive between 3 – 6 penalty points and a financial penalty, however the court also has it within its discretion to impose a period of disqualification. This will obviously depend upon the circumstances of any speeding. Those charged with speeding offences should also bear in mind that the accumulation of penalty points can in certain circumstances lead to disqualification under the ‘totting up provisions’.
Special reasons & speeding
There are also circumstances known as special reasons, where even though it is accepted that speeding occurred the usual punishment does not follow.
If the Court is persuaded by special reasons to exercise its discretion not to punish you then you will not have any penalty points imposed on your licence.
If disqualification applies then the Court can exercise its discretion not to disqualify at all or to substantially reduce the period of disqualification in light of special reasons.
To amount to special reasons, a matter must:
- Be a mitigating or extenuating circumstance;
- Not amount in law to a defence to the charge;
- Be directly connected with the commission of the offence; and
- Be one which the Court ought properly to take into consideration when imposing sentence.
'The prosecution require to overcome a plethora of legal hurdles'
Contrary to popular belief the law in relation to speeding is relatively complex. The prosecution require to overcome a plethora of legal hurdles ranging from the accuracy of the police speed detection devices used to detect speed to the use of appropriate road signs. As such the instruction of a lawyer with the requisite tactical know-how is absolutely vital.
Contact our Speeding Lawyers Glasgow, Inverness & Across Scotland
Contact our speeding defence solicitors if you have been charged in Glasgow, Inverness, Edinburgh, Dumfries, Stirling, Inverness, Dumbarton, Fort William or elsewhere in Scotland for expert, trusted road traffic defence. Click here to get in touch or for 24/7 expert advice call us on 01292 289 584.
