The law: Road Traffic Regulation Act 1984, s.89

A person who drives a motor vehicle on a road at a speed exceeding an imposed limit is guilty of an offence. Convictions cannot be based solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit.

Likely sentence or penalty

The offence is triable only in the Magistrates Court The maximum sentence when is a Level 3 fine or level 4 if on motorway. The licence will be endorsed and the court may disqualify. If no disqualification the court will impose between 3 – 6 points

Our advice

Speeding mustn’t be based solely on one opinion unless the offence was on the motorway. Therefore the camera operator must provide a method of corroborating that opinion.

There are a number of possible avenues open to defending an allegation.The law is full of technicalities both in relation to the evidence and procedure. On occasion it may be possible to argue that there is insufficient evidence for the prosecution to prove the case.

It is highly recommended that you seek advice from specialist motoring or criminal defence lawyers who will either be able to help you avoid a conviction or limit the damage by securing a reduced sentence. Rose & Dunn solicitors can represent you for a fixed fee or possibly on legal aid. Contact us for further advice and assistance including a free initial appraisal of your case with no obligation.

Rose & Dunn are specialist criminal defence and motoring law solicitors and higher courts advocates. We can be contacted at any time of day or night. If you need emergency police station assistance contact us using any of the methods below and we will get back to you as soon as possible.