Speeding Solicitor Birmingham

Speeding is an offence under section 89(1) of the Road Traffic Regulation Act 1984. The prosecution must prove that the defendant drove at a speed exceeding the limit for the road in question. There is no requirement to prove intent. The vast majority of speeding cases are detected by fixed speed cameras, average speed cameras, or police officers using approved speed detection devices.

Speed limits vary by road type and vehicle type. The national speed limit for cars and motorcycles is 70mph on motorways and dual carriageways, 60mph on single carriageways, and 30mph in built-up areas unless otherwise signed. Variable speed limits apply on many motorways.

Where a speeding offence is detected, the driver will usually receive a Notice of Intended Prosecution (NIP). Three routes follow depending on the speed and circumstances.

Speed awareness course — offered at the discretion of the police for lower-speed offences where the driver has not previously attended a course in the last 3 years. Completing the course avoids any penalty points. Not available in all cases.

Fixed penalty notice — three penalty points and a £100 fine for most speeding offences. The driver may accept the fixed penalty or elect to go to court. Electing to go to court and being found guilty may result in a higher fine.

Court summons — issued for higher-speed cases. The Sentencing Council guidelines provide for three bands: Band A (up to 10mph over), Band B (11-20mph over), and Band C (21mph+ over). Band C cases attract six penalty points and potentially a short disqualification. The highest speeds may result in disqualification rather than points.

Defences to speeding include: challenging the accuracy of the speed detection device; challenging the identity of the driver; arguing that the NIP was not served within 14 days; that the speed limit was not properly signed; or that there was a genuine emergency justifying the excess speed. David advises on whether a defence is available in the specific circumstances before any response to the NIP is made.

Where a speeding conviction would take a driver to 12 or more penalty points within three years, the court must disqualify for a minimum of six months unless exceptional hardship is established. David makes exceptional hardship applications at Birmingham Magistrates’ Court where a speeding conviction would result in a totting-up ban. The exceptional hardship argument must be supported by specific evidence of hardship to the defendant or to innocent third parties beyond the ordinary inconvenience of losing a licence.