Caught Speeding in Scotland: What to Expect

Caught Speeding In Scotland | Specialist Road Traffic Lawyer Glasgow

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Use the form on this page to tell us about your case should you be caught speeding and we will tell you what you can expect.

Tell us 1) the points on your licence at present, 2) what the alleged speed was, 3) what the limit was and 4) where did it happen: a member of our legal team will return to your with our expert opinion.

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

Speeding cases in Scotland are dealt with in a wide manner of ways between the different Sheriffdoms therefore experience is essential when it comes to advising clients on the best way of dealing with a speeding case. 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. This will be used to give you the competitive advantage in your speeding case. 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.

Caught Speeding? What to expect

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. There will be respite if no formal notice, termed a Notice of Intended Prosecution, is received within 14 days to the registered keeper (Exceptions being where it is a company car or a hire car) as any subsequent case should be able to be successfully beaten in Court on a time bar argument.

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.

Should you be caught speeding, 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 people caught speeding 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, 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!

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.

Should you or someone you know be caught speeding please do not hesitate to contact us for advice.

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