Over 3 million motorists are expected to be caught speeding this year and will pay in excess of £180 million for the privilege!

9 out of 10 speeding motorists will be caught by a static camera.

If you exceed the legal speed limit you face prosecution for Speeding or in severe cases Dangerous Driving.

If you have been caught Speeding we are here to help!           

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Usually in order to secure a conviction for exceeding the speed limit the police will rely on what is technically known as "Speed Check Equipment" [Speed Cameras, VASCAR etc]. It can be difficult [but not impossible] to challenge the accuracy of such equipment. In Kent v Stamps [1982] the Court commented:

"The basic principle must be that the reading on the machine is evidence. It is very cogent evidence indeed, and in the vast majority of cases one would suppose that it was conclusive evidence. But we have not reached the stage when the reading on such a piece of apparatus as this has to be accepted as absolutely accurate no matter what. The reading on the machine is......strong and should in most cases be conclusive evidence......that the vehicle was travelling at a speed in excess of the limit. The justices would be, and should be, extremely reluctant to reject that finding although there may be situations in which they are entitled to doubt it. They will be very few and far between, and the justices must be very careful not to allow somebody to run away with their judgement on these matters."

The opinion of the driver that he or she was not speeding will, not surprisingly, carry little weight with the Court.

The police are entitled to use a wide range of devices and methods to detect speeding motorists including:-

• Unattended cameras. The familiar road side camera e.g. GATSO. Some cameras can calculate and record the speed of an oncoming vehicle before it passed the camera.
• Radar speed meters and other radar detection devices e.g. hand held radar gun.
• xLaser speed measuring equipment. This is usually a device which transmits a laser beam, receives the return signal and calculates the speed of the target vehicle.
• VASCAR. Usually found in police cars and enables the operator to calculate the speed of the target vehicle over a known distance. However it's accuracy depends on the operator correctly activating the device at exactly the right moment, correctly identifying the target vehicle, and correctly judging the distance over which the speed was timed.
• Police Pilot. A more advanced version of VASCAR. The police car does not have to be traveling in the same direction as the target vehicle, can be stationary or moving, and the device can be used in any weather conditions and at night or in the daytime.
• Electric trip wire equipment e.g. Truvelo equipment. Usually involves two wires being placed across the carriageway a known distance apart.
• Accident investigation. It may be possible to calculate the pre impact speed of a vehicle from tyre marks and other factors.

Do not forget that the permitted speed depends on a number of factors including:-

• The category of road and any special factors e.g. road works
• The class and use of vehicle driven

Notice of Intended Prosecution may be required particularly if the driver was not stopped at the time of the alleged offence [Road Traffic Offenders Act 1988]. Any failure to do so may prove fatal to any subsequent prosecution.

Speeding attracts between 3 to 6 penalty points and a discretionary disqualification if dealt with by a Court. If the police chose to issue a fixed penalty notice this will attract 3 points. A prompt "guilty" plea may attract a discount on the fine. The Magistrates Association has published a set of Sentencing Guidelines suggesting suitable penalties. As a result e.g. anyone traveling more than 30mph over the national speed limit of 70mph could face 6 penalty points, a fine and a driving ban of up to 56 days.

Remember the situation may be different for new drivers and those at risk of disqualification for "Totting Up". A prompt "guilty" plea may attract a discount on any fine imposed.

The comments above are general and should not be taken as a definitive statement of the law or procedure. Expert advise should always be sought on this area. We have not attempted to cover all the factors that may be relevant where an offence is alleged to have been committed.