Speeding in Scotland,Road Traffic Law Experts,Scottish speeding,Specialist Solicitors,
Speeding Scotland
roadtrafficlaw.com
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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