Top Tips Speeding: Frequently Asked Questions
Q. A sales rep I am always being flashed for speeding, now sitting with 6 points and one new letter of intending prosecution, can you help.
A. Yes we can. High mileage drivers should really subscribe to our Road Traffic Plan. See this link for more details www.roadtrafficlaw.com. We deal with speeding cases nearly every day and have encountered ALL speed recording devices and situations so you will be in very experienced hands.
Give us a call or log onto our website and we are happy to help.
You can also have a look at some of our videos.
Q . I was wondering if there is a time limit as to when I should have been notified of a charge.
A. You have probably heard something about “Timebar” when cases fall because they have been raised against you outwith a time limit. As a general rule 6 months is the time limit however there are certain circumstances when the Crown can extend this period.
Q. I was stopped for speeding on the part of the M8 that is a 50mph zone. I was not shown a radar gun or a visual image of my speed but was told that the police had a device that can be checked. Is this correct and if so what is the likely outcome ?
A. It is good police practise to show you evidence of speeding at the time but it is not fatal to the Crown case if they fail to do this. If you are the registered keeper of the vehicle you should receive a Notice of Intended Prosecution within 14 days of being stopped. (Contact us if you don’t!) The device used by the police can be checked and images obtained checked before trial. The police need not provide these images until a decision has been made on prosecution but often do. We can be of more assistance to you in obtaining the photographs and checking the instrument used by the police.Best not to ask to many questions or to start demanding calibration certificates and video of incident etc as it simply prepares the ground for the prosecution.
Q. I have just received a copy complaint setting out a speeding charge but the location referred too is wrong. It looks like a typo but can the Procurator Fiscal fix this?
A. Usually the Procurator Fiscal can amend the complaint of any typos however when they relates to something as important as location we believe we could successfully argue that since this is essential to establish proper jurisdiction the amendment should not be allowed and the case should fall. Contact us to win your case.
Q. When recently stopped by the police for speeding on the M8 they said I would probably get a “Fixed Penalty Notice” Is this right and what is a Fixed Penalty Notice?
A. A fixed penalty notice is a document that you receive from the Procurator Fiscal’s office it is designed to save courts the time and expense of dealing with minor and undisputed offences. Non-endorseable tickets are given for such offences as defective lights, no seat belt, parking offences and other similar minor matters which do not carry penalty points.This carries a fixed fine of £30 and must be paid within 28 days. An endorseable fixed penalty notice is very similar but carries a fine of at least £60 and a variable number of penalty points, depending on the offence itself. Speeding carries a minimum of 3 points.
