Lawyers who deal with speeding offences have seen the law change in recent years and more and more motorists are being treated as if they were criminals.
Many of us do not even think about whether speed detection technology or the legal processes associated with it are fair. We also fail to think about whether the speed camera that caught us is being used correctly.
Speeding lawyers England who work with those who may be facing prosecution are there to stand up in a magistrates court and challenge any evidence that a police officer or a speed camera may have.
Speeding offence solicitors are there to fight a client’s case in court and many have a good deal of success when it comes to challenging prosecutions. If you have been caught speeding and you wish to plead guilty a lawyer may be able to help prevent you from getting a driving ban.
A client may visit a speeding offence lawyer and tell them they’ve been caught speeding. In a case such as this, the lawyer will analyse the situation to see if their client has been caught. In some cases, the client may in reality face receiving a fixed penalty notice, or be told to attend a speed awareness course.
Home Office speed detection devices can seem to result in open and shut defences to any allegations, but many magistrates do not typically deal with the legal side of these cases. This is as opposed to the Judges in a Crown Court. This means that some defences used on a technical basis or even a legal basis may be viewed with suspicion.
If you would like your case to be viewed with something other than suspicion you will need to seek legal advice. Ask for a free consultation so you can determine how serious your case might be.
You may also want to make reference to the procedural and the legal documents that you’ll have to hand. The ACPO Code of Practice for the Operational use of Enforcement Equipment is a good rule book to use. It shows how evidence for road traffic offences should be obtained. The rule book also includes information on:
• The specific set up of a speed trap location
• The correct use of devices and methods
Disqualification from driving because you have broken a motoring law can vary. This is because the speed at which you were driving may vary.
For some speeds, the court may add points to your driving licence. However, many low speeds will typically result in a fixed penalty. You could, therefore have a penalty point or 3 added to your licence.
If you are given penalty points and a fine you will not need to go to court. However, this is only the case if you admit that you were speeding.
If you have been caught travelling at a higher speed (Typically more than 40% over the designated speed limit), you could face a ban. The ban may be anywhere between 14 days and a one year period. However, if you are found travelling more than 40% over the speed limit you could face even harsher prosecution.
If speed limits have been broken quite magnificently a magistrate could add 6 points to your licence. If adding 6 points to your licence results in you having 12 or points to your licence you could face a driving ban. The only way that you can avoid a driving ban in a case such as this is if you can challenge the case or you can show exceptional hardship.
If you have driven at more than 140 miles per hour the prosecution may attempt to charge you with Dangerous Driving as you would have broken many road traffic laws. Speeds such as this will need to be considered in detail by your lawyer.
Some highly-skilled drives have been able to challenge these charges. One such case involved an advanced driver whose job it was to train police drivers. If you travelled at a high speed alleged to be dangerous unless you have a good reason for it you may receive a disqualification.
If you have been caught driving at a high speed there is always a chance that a driving ban could be reduced to a few weeks or avoided completely. This could well be the case even if you have entered a guilty plea. In a case such as this, it is advisable that you get the help of a lawyer, but this all depends on how vital your driving licence is up to you.
Good mitigation can include evidence that relates to your character and to those who are likely to suffer if you lose your licence. There are no guarantees that mitigation will work but having a lawyer on your side will make it much more likely.
It’s up to you whether you would like to hire a lawyer. If you have only been issued with a speeding ticket you may not need a lawyer If you need to keep your licence and a ban of 1 to 6 months seems unconscionable or you really need your licence you should not consider representing yourself.
While the law surrounding speeding is not complicated in many cases a legal adviser, magistrates and the prosecution can put you at a distinct advantage. If you are not familiar with the law you may find yourself out of your depth. Having a lawyer there with you can minimise mistakes and find yourself at an advantage.
If you do not use your car for family or work you may not need to hire a lawyer and deal with the associated expense.
If you need a Speeding Lawyer in England, give us a call and we can put you in touch with the speeding lawyers we use.