SPEEDING IN SCOTLAND

We win speeding cases frequently and even receive instructions from fellow solicitors in such cases. Speeding in Scotland is a serious issue, it can mean the loss of your licence and worse still, your livelihood.

We believe that we are different from many other firms in Scotland. We deal exclusively with road traffic law and we use the internet to inform ourselves and keep our clients updated regularly.

We use e-mail extensively so that you can obtain immediate responses and we can exchange documents such as driving licences, insurance documents etc.

We subscribe to Lexis Nexis, and Westlaw the biggest searchable law databases in the UK. We have 24/7 access to every piece of legislation applicable in the UK and we have access to every influential case that has ever been decided.

We have our own, exclusive, in house Knowledge Base, with recent, unreported cases.  We do all of this to keep our team ahead of the competition.

We are the only firm in the UK to have ever visited the GATSO Camera factory in Holland. 

We have the  experience, skill and expertise to enable us to win your case and we know that results speak louder than words. Please see what our clients have said about us recently.

Please do not hesitate to telephone or e-mail us regarding your case.

SPEEDING

The flash of a GATSO camera in your rear view mirror is often the start of that sinking feeling that lets you know that your licence may be jeopardy. That is probably when the worry sets in. If no formal notice, termed a Notice of Intended Prosecution is received within 14 days. (Exceptions being where it is a company car or a hire car) then you can stop worrying as you are required to receive such a notice within 14 days of the contravention.

In the event that the Procurator Fiscal’s office seek to initiate proceedings in the absence of any NIP (Notice of Intended Prosecution) then objection should be taken at the first calling of the case.  Successfully defending a charge of "speeding" in Scotland is a technical job and it needs someone with the knowledge, experience  and court craft to win.

The NIP can be issued verbally by Police Officers if you have the misfortune of being stopped by the Police at the time.  In cases where injury or damage to property has occurred then the requirement for an NIP does not apply.

We often advise clients to make no comment when questioned by the police, beyond the formal details, of name, address and sometimes, date of birth. 

In road traffic cases, the accused person, if required under Section 172 of the Road Traffic Act 1988, is obliged to give information, within his knowledge about the identity of a driver of the vehicle involved in any such incidents.  Failure to provide such information constitutes a separate offence. The European Court of Human Rights decided that drivers do not have a right of silence and ARE required to answer the identity question in terms of Section 172 of the Road Traffic Act. "Failure to provide", attracts a 6 penalty point endorsement.

After the "speeding" matter has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. (Citation) The validity of a complaint depends upon a number of  factors.  Typographical errors can generally be disregarded, however more fundamental errors can bring the case to an abrupt end if challenged at the correct stage of proceedings.  A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. Therefore the knowledge of an experienced solicitor is invaluable at this stage.

The dramatic rise in speeding prosecutions and the increasing number of speed cameras and traps peppered around the country means that we now have more people than ever before with live penalty points on their licence. Points are relevant from date of offence to date of offence.

Mistakes can be made at the most basic level. In one of our cases, it became apparent that the distance allegedly travelled had been underestimated by approximately one third, thus producing an enhanced speed measurement. We sent out our trainee solicitor, Martin Black to measure the  distance and were amazed that indeed this was the case. The Crown deserted the case on the basis of the evidence that we could then present to them. No need for the time, inconvenience and expense of a trial!

Avoiding disqualification

Where a driver, accumulates 12 or more points in 3 year period, he/she will be liable for a mandatory disqualification period of 6 months.

If you have  9 points on your driving licence and they were imposed within three years of the present offence (From date of offence to date of offence) then you are liable to be disqualified under the ‘Totting Up Procedure’.

However, all is not lost. You may be able to argue that ‘Exceptional Hardship’ would occur if you lost your licence.

The hardship must be "exceptional". If you can persuade the court that others, not just you, would suffer badly – for example, that they would lose their job or business, or be unable to pay their mortgage – then you might persuade the court to impose the points but refrain from disqualification. It is extremely difficult to persuade the court not to impose the disqualification. A proof is normally set and you would require to bring evidence of the exceptional hardship to court. This may be the evidence of an accountant, an employee, medical records etc etc We would suggest that you really need experienced legal assistance to successfully present such cases.

 If you have a speeding case pending please call 0800 612 9597 or email gw@roadtrafficlaw.com for FREE advice and an online case consultation

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