Disqualification for Speeding

Imposing disqualifications for speeding offences do not represent a significant proportion of all punishments. However, speeding offences are the most common motoring offence committed. They occur on every UK road and in certain circumstances can cause motorists to lose their licence.

The sentencing guidance varies depending on the speed of the offence and any other aggravating or mitigating factors.

It can be extremely important to present robust mitigation should you wish to avoid the imposition of a driving disqualification. This article will explain the circumstances in which you may be charged with a speeding offence, the sentencing guidance and the manner in which you can attempt to avoid a ban.

Are you facing disqualification for speeding? Contact Caddick Davies Solicitors today.

Send us a message or call us on 0333 443 2366 for friendly, professional advice.

Speeding Offences And How They Are Committed

A speeding offence is committed when a person driving a motor vehicle exceeds the speed limit imposed on that road as outlined by Section 89(1) of the Road Traffic Regulation Act 1984.

Speed limits are imposed by a number of different enactments dependant on the type of road in question and the determination of local traffic authorities.

Speeding offences are committed the moment that a motorist exceeds the limit, even if just by 1mph. Of course, in reality it is highly unlikely that you will be charged when travelling 1mph over the limit and the police may have difficulty in proving such a minor infringement. But it is always important to bear in mind that the speed limits imposed are just that, ‘limits’ and should not be seen as targets.

There is a general misconception that you can travel at 10% + 2mph over the speed limit before committing an offence. This rumour appears to have developed from the working of many static cameras that allow for certain tolerances before capturing a motorist driving over the limit. Unfortunately, not all cameras work to this rule and officers conducting follow checks or using hand-held devices may not work to this rule either.

The only safe speed is one within the limit provided.

Types Of Speed Limit

Most speed limits are set and for the most part is linked to the road itself. As a rule of thumb, the following is often the case:

• Motorways are a 70mph limit
• Dual carriageways are a 70mph limit
• Single carriageways are a 60mph limit
• Built up areas are a 30mph limit (except in Wales where they are generally 20mph)

Other more specific limits can be in place around areas of increased risk such as schools or dangerous roads.

Most speed limits will be signified by signs as you enter the road and very often repeater signs that continue down the road itself.

In absence of signage, it can be useful to look at the spacing of street lighting. Street lighting at 200-yard intervals or less would indicate a speed limit of 30mph.

Speed limits are not always permanent and can, on occasion, be temporarily imposed. You will regularly find that temporary speed limits are in place on motorways around the country either due to road works or to manage traffic effectively during incidents or general congestion. The same applies for other roads with ongoing works.

Most speed limit signs are mandatory, however, there are circumstances in which they are advisory. It goes without saying that advisory speed limits exist for the safety of not just other road users but yourself and should therefore be adhered to. That being said, there is a distinction between the two and speeding offences are only committed when you breach a mandatory limit. Mandatory speeds are signified by a limit contained within a red circle whilst advisory limits often have yellow flashing lights on each corner of the speed limit sign.

You may not be at risk of a speeding charge by exceeding an advisory limit, however, you may find yourself charged with a careless driving offence if your speed is unsafe for the road or conditions present.

The safest option, as always, is to abide by the limits present.

The Ways In Which You Can Be Caught Speeding

There are generally three ways in which you can be caught speeding:

1. By way of a static camera (including average speed cameras)
2. By way of handheld or manned equipment (such as van cameras)
3. By a follow check completed with a calibrated speedometer

Generally, a static image or recording of the speeding offence will be obtained and used as evidence. Occasionally, it may be the case that the prosecution will rely on the word of an officer who conducted a follow check. In these cases, it is usual for the officer to have made secondary checks such as a speed/distance/time check.

For the most part the evidence obtained from calibrated devices is accurate and reliable although some variation can be found in follow checks due to the nature in which the speed is recorded.

Are you facing disqualification for speeding? Contact Caddick Davies Solicitors today.

Send us a message or call us on 0333 443 2366 for friendly, professional advice.

Sentencing Guidelines In Speeding Offences

There are three sentencing categories for speeding offences each with their own guidance to follow. The main indicator determining the category by which you are sentenced is speed. The speed ranges within each category vary depending on the limit in which you are caught speeding.

The lowest category of sentencing (for the most minor offences) provides the following guidance:

• 3 points; and
• Band A fine

The middle category of sentencing provides the following guidance:

• 4-6 points or a short-term disqualification of 7-28 days; and
• Band B fine

The highest category of sentencing (for the most serious offences) provides the following guidance:

• 6 points or a short-term disqualification of 7-56 days; and
• Band C fine

Whilst the speed involved plays a major role, there are other mitigating and aggravating factors which will be taken into consideration. Notably, the manner in which the vehicle was driven, location, pedestrians and driving conditions can be considered.

The sentencing guidance allows for disqualifications of up to 56 days should the speed be high enough. In the most severe cases the court has discretion to impose a driving disqualification outside of the guidance and this is usually done where the speed is seen as ‘grossly in excess’ of the limit.

Whilst disqualifications can be imposed immediately it is not the only way that you can be disqualified as a result of a speeding offence. Should the court impose penalty points which take you to a total of 12 or more within a 3-year period you would be liable to a disqualification under the totting up provisions. To read more on totting-up disqualifications please refer to our other article: Totting up Ban.

Should you be charged with a speeding offence it is best to speak with a legal professional who will be able to advise on the sentence which may be imposed.

Are you facing disqualification for speeding? Contact Caddick Davies Solicitors today.

Send us a message or call us on 0333 443 2366 for friendly, professional advice.

Mitigation

Presenting mitigation can be exceptionally useful in speeding cases and could help in avoiding the imposition of a driving ban.

Mitigation could relate to the circumstances of the offence or the impact that the sentence would have on you. Preparing a thorough case with supporting mitigation documents is vital when attempting to avoid a disqualification. It is always relevant to note that the higher the speed the more likely you are to be disqualified.

The guidance states the following as factors reducing the seriousness of the offence or reflecting personal mitigation:

• No previous convictions
• Positive character or exemplary conduct
• Genuine emergency established

Whilst many other factors may be presented in support of your case, the most effective generally relate to the following:

• Impact on employment and ability to work
• Impact on financially stability
• Impact on immediate family or dependents
• Impact on health conditions or regular medical treatment

Presenting mitigation can be done in two ways, you can either provide written representations to the court or attend in person. It is advisable to attend court in more severe cases, indeed, the court may require your attendance should the speed be high enough. Attending court provides a greater control over the submission of your mitigation and allows you to be present to answer any questions the magistrates’ may have.

Alternatively, written representations can be more cost effective (if you are instructing solicitors to represent you) and less hassle as you would not need to attend court. The choice is often down to the individual if you have received a Single Justice Procedure Notice, however, if you have received a court summons then you should attend in person. If you are unsure as to how you should proceed contact a legal professional for advice.

Should you be at risk of a disqualification under the ‘totting-up’ provisions then you would need to present an exceptional hardship argument in order to avoid the ban. Exceptional hardship arguments are not discussed in detail within this article but can be found in our Exceptional Hardship article.

Are you facing disqualification for speeding? Contact Caddick Davies Solicitors today.

Send us a message or call us on 0333 443 2366 for friendly, professional advice.

Conclusion

Disqualification for speeding offences are not commonplace and are generally reserved for certain cases. Speeding offences are unfortunately extremely common and regularly committed by motorists. They are often seen as ‘low-level offences’ but the sentences can have huge impacts, especially if you are facing a disqualification.

If you find yourself falling within the middle or highest category of sentencing, then you may wish to consult a motoring specialist and prepare mitigation.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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