Speeding

To be found guilty of a speeding offence, the prosecution have to prove “beyond reasonable doubt” that you: -

• Drove
• A motor vehicle
• On a public road, or in a public place
• At a speed exceeding the limit for that road

Speeding offences carry 3-6 penalty points and if the speed is particularly high the court can impose a discretionary disqualification.

Discretionary disqualifications normally have a maximum duration of 56 days, however the Road Traffic Offenders Act permits the Magistrates to impose a discretionary disqualification for whatever period they deem appropriate.

There are technical and statutory defences to this offence. Technical defences challenge how the police have operated and/ or calibrated their speed detection equipment. There are stringent guidelines for the use of devices such as VASCAR, GATSO, and hand held laser guns. These devices have to be used in accordance with the ACPO codes of practice and have to have Home Office Approval.


It is for the prosecution to prove beyond reasonable doubt that the machinery was approved, operated and calibrated correctly.

Remember you only need to accrue 12 points in a 3 year period to potentially face a “totting-up” disqualification for a minimum period of 6 months.

Please refer to the Totting Up procedure and Exceptional Hardship sections above.

Contact Morton’s Solicitors and we can advise you whether you have a potential speeding defence and if we can help you keep your driving licence.

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