Speeding
Caught speeding.
Know your options first.
Most speeding cases begin with a fixed penalty. But if you already have points, the stakes change completely. The totting up provisions may be triggered.
At a glance
s.89 RTRA 1984The legal framework
The headline reference for this service is s.89 RTRA 1984. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
The issues I examine
Clarity first.
Then light at the end of the tunnel
Before you accept a fixed penalty, it is worth knowing what can be challenged and what it would cost you not to.
- Notice of Intended Prosecution
- A NIP must generally reach the registered keeper within 14 days. Late or defective service can be fatal to the prosecution.
- The device and its operator
- Type approval, calibration records and the training of the operator are all matters the prosecution must be able to prove.
- The speed limit itself
- Signage must comply with the regulations. An unlawfully signed limit is not enforceable.
- Identity of the driver
- The keeper is not always the driver, and the prosecution must prove who was behind the wheel.
- Your existing points
- Accepting a fixed penalty can tip you into totting up. That decision should be made with the full picture.
- A speed awareness course
- Where offered and eligible, a course avoids points altogether. Whether it is available is worth establishing early.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| 3–6 penalty points | Depending on the speed |
| Up to £2,500 fine | On a motorway |
| 6-month totting ban | Once you reach 12 points |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
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You don’t need all the answers.
Just start with what’s happened.