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Speeding Penalties – Scotland
With the arrival of Spring and Summer, hopefully comes some dry roads and the excitement of getting back out onto the road on you motorbike or open top car.
Sir Stephen House, The Chief Constable for Scotland has issued a clear warning to Scottish motorists and visitors alike that speeding in Scotland will be punished and a high level of attention will be devoted by his officers to the reduction of road deaths through speed. We are likely to see more police officers than ever before on the roads of Scotland over the coming weeks and months and you can expect them to be armed with their “Weapons of mass prosecution” the Unipar laser speed detection device being their favourite.
The minimum penalty for speeding is a £100 fine and 3 penalty points added to your licence.
You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 years.
If you’re stopped by the police for the speeding offence, they can either:
- send you the details of the penalty on a Fixed Penalty Notice
- send the case straight to court and you will receive a citation setting out the charge,m a Summary of evidence and a date to respond with details of how you plead to the charge.
If you weren’t stopped by the police for the speeding offence (eg it was caught by speed camera), the vehicle’s registered keeper must be sent a notice of intended prosecution within 14 days. You may have to go to court if you ignore the notice.
If you’re still within 2 years of passing your driving test, your driving licence will be revoked (withdrawn) if you build up 6 or more penalty points.
What can you expect if you have the misfortune to be pulled over this Spring or receive a notice of intended prosecution through the letter box this Summer.The minimum penalty for speeding is a £100 fine and 3 penalty points added to your licence.You could be disqualified under the Totting Up Provisions if you build up 12 or more penalty points within a period of 3 years.
In court, Justices of the Peace have discretion to impose higher lower fines and even disqualification periods based on the circumstances of the speeding offence.
Speeding in bad weather or near a school are aggravating factors that are likely to be taken very seriously by the court.
Mitigating circumstances such as an emergency or a previously clean driving record could earn you a softer penalty.
By law, the vehicle’s registered keeper must be sent a notice of intended prosecution within 14 days of the alleged speeding offence. The keyword is “sent” not receive. The Crown do not require to prove that you received it. (Yes, I know, that is a hard one to swallow. Even if we can prove you did not get it, if they can prove they sent it within the 14 days then that will be good enough)