Specialist Motoring Offences Solicitor with over 35 years’ expertise in this area. Let me help you.
The implications of a speeding offence can vary greatly, all depending on how many points you currently have on your licence, and the severity of the allegations. That is why it is vital to speak to an experienced road traffic defence solicitor before taking any action, as it will ensure you get the best outcome possible.
If you have been caught speeding in Scotland and would like to speak to a solicitor about your options, please call us now on Freephone 0800 678 5167 or make a Free No Obligation Initial Enquiry today and let us explain your options.
“Although we live in the Highlands we had a minor motoring incident in Edinburgh and were subsequently , and in our view unfairly ,charged with two offences of which we were convinced we were innocent. We did not want to go to an Edinburgh solicitor because of the inconvenience of consultations in Edinburgh and the expense and Donnachie Law was recommended to us by our own solicitor in Edinburgh ,who did not do Road Traffic cases.
Despite the frustrations of dealing with our insurers (Saga) and the incompetence of the Procurator Fiscal service Paul Donnachie gave us an admirable service. He rigorously tested our arguments and did his best to guide us through the unfamiliar world of court procedures and give us confidence in presenting our case. When it finally came to trial almost a year after the alleged incident he spotted a procedural defect in the Crown case and secured a Not Guilty verdict on both counts without us having to give evidence. We could not have asked for better support or a better outcome.
Penalties for speeding
The majority of people who are caught speeding in Scotland are issued with a fixed penalty notice. Usually this carries three penalty points and a fine of £100.
However, if you wish to contest the fixed penalty notice, or you face a totting-up ban, or your speeding offence is deemed to be serious, your case will probably end up in court. If so, the court has the power to impose three to six penalty points, a fine of up to £2,500 and a discretionary disqualification.
Fixed penalty notices for speeding
If you have been offered a fixed penalty notice for speeding, it is sometimes best to accept the points and pay the fine. Other times, it is best to contest the charge. Normally the latter is recommended if you already have a number of points on your licence.
This is because if you accrue 12 or more penalty points within a three-year period, you will be automatically disqualified. This is known as a ‘totting-up ban’. So, if you currently have six live points on your licence and you accept a fixed penalty for speeding, you will then have nine points. If you commit another motoring offence before any of these points expire, you will be facing a ban of at least six months.
Therefore, it might be preferable to contest the fixed penalty notice now, rather than face trouble later down the line.
Defending a speeding offence in court
If you already have nine or more points on your licence, or your speeding offence is considered serious, your case will almost certainly end up in court.
If you do not have a strong defence, it might be a good idea to enter a guilty plea in the hope of arguing exceptional hardship in the event of disqualification, or securing a reduced sentence. Or you may be able to negotiate a lesser charge, particularly if your speeding offence is associated with dangerous or careless driving.
Alternatively, it might be possible to defend the charge. There are various options available and it will take an experienced road traffic defence solicitor to determine whether any of these can be established in your case. For instance, it might be that the speed measuring equipment had not been calibrated or was being misused. Or perhaps you were not the person driving at the time of the offence, or there was insufficient road signage.
There are also occasions when there are mitigating circumstances that explain why you were speeding. These are known as special reasons.
How can we help?
If you are caught speeding, the best course of action really depends on your individual circumstances. That is why we recommend that you speak to an experienced road traffic defence solicitor first, before deciding whether to accept or contest the charge.
At Donnachie Law, we understand how to deal with speeding offences and can advise on the right approach in your case. We have successfully defended numerous clients who have been caught speeding, including one man who was charged with dangerous driving after being caught driving at 90mph in a 50mph zone due to a medical emergency. We argued his case at a special reasons hearing, which resulted in his receiving penalty points and a fine rather than a minimum one-year ban for dangerous driving.
If we feel we cannot assist you, we will let you know at the start. If we believe, however, that we can successfully defend your case or present strong mitigating special reasons, we will act on your behalf, working hard to preserve your licence.
Contact us now
Why Choose Us?
- Bringing over 35 years’ experience to help you
- Specialist Court Solicitor
- Featured in Scots Law Times