Broadly, there are 2 categories of speeding:
1. Exceeding the speed limit for the road; and
2. Exceeding the speed limit for the class of vehicle
Heavy lorries, for example, may be subject to speed limit under both categories whereas ordinary passenger motor cars and motorcycles are subject to one speed limit.
There are a number of ways in which your speed can be checked and range from the opinion of a police officer driving a vehicle to specialised equipment approved by the Home Office. For example, such equipment includes fixed cameras or portable equipment placed at specific locations on the road.
Challenges to the evidence include the use and operation of the equipment. Usually the equipment must be calibrated and checks conducted before, during and after its operation. Operators must be properly trained and the equipment must be performing accurately. Such challenges are technical and require an expert to be instructed to consider the equipment and its use.
For a prosecution to be successful the driver must have received a Notice of Intended Prosecution. This can be verbal or written.
This can only be dealt with in the Magistrates’ Courts and a fine of up to £1,000 imposed. On motorways, this fine can be increased to £2,500. The Court can endorse the driving licence with 3 to 6 penalty points or impose a discretionary disqualification.
If you believe you have committed this offence or an allegation has been made against you or a notice of intended prosecution has been served on you call us now for a free no obligation consultation.