Speed restrictions are determined by the nature of the road – A class, motorway etc and whether or not it is in a built-up area. All other speed restrictions, such as those due to road works, schools etc. must be backed up by local by-law. The accuracy and reliability of devices, such as speed cameras, can also be challenged at trial; the police must prove that the device is working properly.
If you are facing disqualification under the totting up procedure, we may be able to argue exceptional hardship to avoid or minimize penalty. One such case recently, saw the client facing disqualification for 6 months; instead he was disqualified for 1 month and received a fine.ON another occasion the client was charged with travelling at 114mph and we were able to persuade the court to not disqualify.
Speeding in Scotland: the Law
Road Traffic Regulation Act Sections 14 & 16: Exceeding Speed Limit
IT is the most common road traffic offence. The offences carry with it a minimum endorsement of 3 penalty points and a fine. If you go to court the fine and endorsement can be higher.
If an offence is being prosecuted in any court a period of disqualification can be imposed. If you are caught driving on the motorway at a speed in excess of 100mph then you will normally be looking at a period of disqualification.Although on occassion you can if you are properly prepared persuade the court to be sympathetic and impose points and not a disqualification.
If a driver receives more than 12 points on his licence within a period of 3 years he will be disqualified under the totting up procedure unless special reasons or exceptional hardship can be argued.
How We Can Help
Client was charged with speeding on the M74 at a speed of 93 mph. He was subject to the totting up provisions. The Crown were unable to prove the case against him and the matter ended. He retained his licence and his job.
Dunfermline JP Court
Client was charged with speeding on the M9 by doing 98 mph. The client was a self employed businessman. His licence was essential to his business. He pled guilty and the Court imposed 4 penalty points and a £280 fine.
Edinburgh JP Court
Client was charged with speeding at 41 mph in a 30 mph zone. He was a lorry driver to trade. He wished to plead guilty and an exceptional hardship proof was fixed.
Stonehaven JP Court
The client was charged with driving at 81 mph in a 70 mph zone. He was subject to totting up if convicted. Client’s case was dismissed because it was discovered that there was a procedural error on the part of the Crown.
Glasgow JP Court
A business man, alleged to have been speeding on Glasgow Road, Rutherglen, was caught by a LTI20/20 speed detection camera. He was allegedly doing 41mph. The client, if convicted, would have been subject to a disqualification under the totting up procedure. The police evidence was shown to be insufficient to prove the speed, so the client was acquitted.
Stirling JP Court
Client charged with speeding at 42 mph in a 30 mph zone. Client was found not guilty after trial.
Stonehaven JP Court
Client pled guilty for speeding at 70 mph in a 50 mph zone on the A90. The client wished to tender a plea of guilty to the speed charge. He had 9 points on his licence and was subject to 6 months disqualification under the totting up provisions. We successfully argued Exceptional Hardship should apply as the client had just started a new business. He had 2 part time employees together with supporting himself and his wife. Exceptional Hardship was found to be made out and the client was able to retain his licence.
Client was charged with speeding on the A71. He was allegedly caught speeding at 82 mph in a 50 mph zone. The client disputed the speed in this case. The Crown were unable to prove the case as they did not have sufficient evidence to confirm the accuracy of the Unipar device used to measure the client’s speed. Accordingly the client was found not guilty.