If a speed camera or a police officer has caught you speeding you might be worried about losing your driving licence. This is because they can use British motoring law wholly to your advantage.
This article could prove to be helpful to you if you have been caught speeding. It could also help you to understand the motoring law from a new perspective.
Your specialist motoring lawyer can use what is known as “Special reasons” to argue your case. They might be able to do this as it might be noted that the alleged offence is not your fault.
This may well be the case because they stem from what your lawyer calls a Strict Liability Offence. This means that the judge is very likely to find your guilty regardless of whether you really were.
While this might not seem fair to you simply because it isn’t. However, if you do end up in a magistrates court using this defence could help, but it is not guaranteed.
There is good news though. You can ask your lawyer to use the special reasons argument.
What this means is that you could avoid disqualification. Please note, this is not guaranteed and your lawyer will inform you as to how well your argument is likely to be received.
If there is a real danger that you’re likely to lose your driving licence then you could use the argument. In addition to this, it can be used with offences whereby you could face having more penalty points added.
If you have an exceptional hardship argument the court could look at your case again. Any motoring offence which has been caused by getting a speeding ticket that could result in hardship could be considered.
The court might decide whether getting a penalty point or 3 could affect your life. You might receive a speeding fine or be told to attend a speed awareness course.
However, these could seem like relatively minor punishments compared to losing your licence and not being able to drive.
If they think you have committed a speeding offence solicitors might attempt to use a special reasons argument. However, if you wish for your solicitor to do this you will need to meet some criteria.
When your solicitor tells the court that you wish to use special reasons they are telling the court you’re guilty of breaking motoring law. Your alleged offence could relate to breaking speed limits, using a mobile phone while driving or any other driving offence.
If the court accepts your argument it can impose penalty points on your licence. It can also ask you to pay a fixed penalty fine.
Furthermore, the court can refrain from adding points to your licence when they would normally be added.
Every new driver you will need to be extra careful when you’re on the road. If you were to receive at least 6 points on your driving licence within 2 years it could be revoked.
In a case such as this, you cannot use the extreme hardship argument. However, you could use the special reasons argument.
Please note, that it’s not guaranteed that this argument will be successful. If you were found to be driving without having any insurance you could have up to 6 points added to your licence.
You should be aware that if you have 6 points added to your licence as a result of your speeding charge you could lose your licence. If you still wish for your lawyer to make a special reasons argument in court you might have to convince them that it’s worth their while.
Your speeding lawyer is unlikely to use a special reasons argument if they don’t think you have any chance. However, it is always worth your while asking if they think you have a chance of putting forward a special reasons argument.
There is always the chance that you could still lose your licence. That is unless your lawyer can show that the special reasons do apply.
This is because it can be hard for even an experienced lawyer can find it hard to put your case across in a legal and factual sense. The reason it may be difficult is because a lawyer needs to have experience with these arguments that are likely to work in such situations.
Regardless of the law and the speed alleged to have been driven by you, you should always consult a lawyer if you think you’ve been unfairly charged. Just make sure you respond to your notification of intended prosecution letter within 14 days so the court knows what you’re pleading.