Expert defence solicitors

To do so, a defence to the charge would have to be out forward and established. 

Available defences, depending on the specific circumstances of your particular case, could include:

• Procedural Issues - To be successfully prosecuted for speeding, you must have been:
  • Warned by a Police Officer at the time as to the possibility of prosecution; or 
  • Served with a notice confirming the charge within 14 days of the offence; or
  • Sent a Notice of Intended Prosecution within 14 days of the offence. This is the most common way in which proceedings are instigated. This time limit will be considered as fulfilled if it is sent to the driver or registered keeper. The document may be sent to your company if they provide your vehicle
• Road signs being absent, inaccurate or unclear
• Inaccurately operated speed cameras - An expert’s report, in such circumstances, could be requested to confirm whether the equipment had been used correctly.
• Expired time limits - Proceedings for this category of offence should generally be lodged within 6 months
• You were not the driver at the time of the offence

If you accept the offence or are found guilty, an appropriate penalty will have to be imposed. These include: 

• Speed Awareness Course - The police may offer this where the excess speed amounts to less than 10% of the limit + 9 mph (e.g. 42 mph in a 30 mph limit would be the maximum tolerance). Successful completion of such a course avoids a formal prosecution and the usual court-imposed penalties
• Fixed Penalty Notice - A fine + 3 points 
• Court-imposed penalty 
  • A fine + points (3-6) 
  • A fine + disqualification 

The issue of disqualification can be legally complex. In seeking to avoid a ban, a number of tactical considerations can arise. 

The magistrates will generally apply their guidelines to individual cases. In dealing with a single speeding charge, they will commonly consider a ban if the speed is high. We can present the positive aspects of your case in suggesting alternative options. 

Disqualification will always be the first consideration if you have accumulated 12 or more points. The starting point is an obligatory 6 month ban. Depending on your circumstances, we may be able to persuade the Court to impose a shorter ban, or no ban at all, if the magistrates are satisfied that you would otherwise be caused Exceptional Hardship. This is not a straightforward concept and you would undoubtedly benefit from our input. 

Our partner-led motoring team have extensive experience advising and representing clients facing a speeding offence. We understand how vital your driving licence may be to your day-to-day life. You can rely on our expertise to argue your case comprehensively in court.

As one of the leading law firms in the Midlands, we provide practical, no-nonsense legal advice in Leicester, Stoke-on-Trent, Derby, Swadlincote and Burton upon Trent. We also offer consultations on a remote basis via telephone or email, ensuring you get the right legal support whenever and wherever you need it.

We take an honest and straight-talking approach from the moment you instruct us. Our firm was built with the aim of making expert legal advice accessible to everyone, so you can be sure that the service we provide is both personable and effective.

If you are facing a drink driving prosecution, you will inevitably be concerned as to the potential implications. The key is to act quickly.

Smith Partnership offers a partner-led team of expert motoring solicitors who provide exceptional advice and representation relating to all manner of offences. Our team will consider all aspects of your drink driving charge in building any available offence.