Challenging Speed Camera Offences

An allegation of a speeding offence after being caught by a speed camera can come with significant consequences. While the minimum penalty for speeding is usually a fine and penalty points on your licence, the most serious situations can come with the loss of your driving licence - if you accumulate 12 or more penalty points on your licence within any three-year period, you face an automatic disqualification. This is even more frustrating if you have been falsely accused of a speed camera offence, which is unfortunately common due to the unreliability of certain types of evidence.

If you have been caught speeding by a speed camera or handheld device, you may be able to defend against a conviction with the help of the expert driving offences team at JMW. You must seek legal advice if you intend to challenge a speeding ticket, as the penalties that will apply if you are found guilty can be more severe than those you were originally offered.

JMW’s motoring offences solicitors have a strong track record of success in challenging speeding fines, penalty points and convictions, and we will do everything within our power to protect and preserve your driving licence.

To speak to a solicitor about forming a defence, call us on 0345 872 6666, or fill in our online enquiry form and let us know the best time to get in touch with you.

How JMW Can Help

Speed camera offences are becoming more common, and it is important to take advice from a specialist motoring solicitor if you wish to challenge an allegation that you drove above the legal speed limit. Even when drivers are offered a speed awareness course, which is viewed as the least severe penalty, it can be expensive to cover the cost of attending and unfair if you believe you are innocent of the alleged offence.

JMW’s expert motoring solicitors have extensive knowledge of UK driving laws and can help you defend against an accusation of speeding. We can make sure you are not caught out by a failure to understand the law, the time limits, the availability of a statutory defence or a lack of awareness of other entirely legitimate challenges to the speed camera procedure. We will discuss your circumstances in detail and assess every possible avenue to build your defence successfully.

Our team understands the consequences that losing your licence can have, and where a defence is not available we can also discuss mitigating factors that can minimise your sentence, or exceptional hardship arguments that can enable you to retain your licence. Contact us at your earliest opportunity if you receive a Notice of Intended Prosecution (NIP) advising you that you may be charged with a speeding offence to learn how we can help.

Meet Our Team of Speeding Offence Solicitors

Our specialist motoring offence solicitors have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of a speeding offence on UK roads. JMW's years of experience mean we understand the legal defences available and can build the strongest possible case on your behalf.

About Speed Camera and Automatic Camera Device Offences

Speed camera is a term used to describe various pieces of equipment that can be used remotely on their own or be operated by police and civilian workers to determine whether a vehicle is keeping to the speed limit. Examples include:

• GATSO cameras, which emits radar beams to measure the speed of a passing car
• Speed violation detection deterrent, which the SPECS system is based upon and uses a state-of-the-art video system alongside automatic number plate reading (ANPR) technology
• Truvelo cameras, which uses piezo sensors to monitor the speed of passing vehicles and can take photos of the driver at the time of the speeding offence
• Visual average speed computer and recorder (VASCAR), which is used to calculate the speed of a moving vehicle
• Pilot speed detection devices, which is similar to a VASCAR and measures the time taken to travel over a predetermined destination

These speed cameras are used for different applications, with some designed for use on smart motorways, others on dual carriageways and some on ordinary roads. No matter where you have been caught speeding or by what camera, you may be able to challenge the evidence of a speed camera. These devices may not be calibrated properly, which can lead to false positives and result in charges where you were not guilty of any offence.

What Happens When You Are Caught Speeding?

With speed camera use increasing throughout the UK, including average speed cameras that monitor long stretches of road or contained areas, it is becoming increasingly common for a motorist who is driving safely and reasonably to be ‘flashed’ as their vehicle passes one of the roadside machines.

Following an apparent speed camera offence, the police have 14 days in which to send a Notice of Intended Prosecution to the registered keeper of the vehicle. This is usually sent by standard post and if it fails to arrive in time because prosecution procedures have not been correctly followed, the case may not proceed.

Although roadside GATSO machines are the most common means of drivers being caught exceeding a speed limit, police in patrol cars and on foot can use other speed-measuring devices. If you were stopped by officers at the time of such an incident and they issued a verbal NIP, the police have six months within which to send the necessary paperwork, and therefore the 14-day rule does not apply.

As part of the NIP, the registered keeper will be asked to name who was driving the vehicle at the time of the alleged offence. The penalty for failing to give the information is a fine and six points on the keeper’s licence, which may be a more severe penalty than you would receive for the original offence.

What if You Cannot Provide Information About the Driver?

While it is an offence to fail to identify the driver of a vehicle involved in an alleged speeding offence when you receive an NIP, there are a number of defences that may be available if you are unable to provide information about the driver. These include:

• Reasonable diligence, which is where the vehicle owner has demonstrated that they have made every effort to discover the identity of the driver
• You responded by identifying the driver but the police did not receive the response
• You did not receive the NIP despite having the correct details registered with the DVLA, and therefore were unable to identify the driver
• You provided all the information to lead to the identity of the driver, but the police force in question failed to locate the said driver

If a car is registered to a company and a responsible officer of the company fails to provide information about a driver alleged to have been speeding, the company could be convicted and fined for failing to provide information, but the responsible party would not be convicted if they can prove to have taken reasonable steps to identify the driver.

What Are the Penalties for a Speeding Offence?

If caught speeding on an automatic camera device, you may incur a fixed penalty for the offence. If you plead guilty, you will not have to attend a court hearing but will have to pay a minimum fine of £100 and incur three penalty points on your licence. You may need to go to court if the alleged offence is deemed serious or if you already have points on your licence that might render you liable to disqualification under totting-up.

Points for offences, such as speeding, remain active on a licence for four years with the DVLA and three years for court purposes from the date of the offence. Accruing 12 points within three years will result in a minimum six-month ban, but if you have had a previous ban of 56 days or more, this can increase to a two-year ban. There could be scenarios where there are mitigating circumstances to amount to an application for exceptional hardship to request the court not to disqualify you from driving.

If you either choose to appear in court or are ordered to do so, the magistrates will decide on the level of fine and number of points imposed, as well as any disqualification period.

Can You Defend a Fixed Penalty Notice?

Not all speeding offences brought to the courts can be justified by the authorities. You have the option when you receive a fixed penalty notice to deny the offence and challenge the conviction in court rather than pleading guilty. If you are summoned directly to court for an offence, you will also have the opportunity to defend yourself.

There are several potential grounds for defence against conviction. In speeding cases, the police, as represented by the Crown Prosecution Service in court, must prove a number of aspects of the incident to show that the vehicle was speeding at the alleged time and place. These include:

• The camera being approved by the Secretary of State for Transport
• The camera operating correctly on the day of the offence
• The speed limit for the stretch of road being monitored
• The make, registration number and speed of the vehicle identified
• The identity of the driver

In some camera offence cases that have been successfully challenged, the police have failed to comply with one or more of the actions in the above list, such as the camera not working properly, the vehicle being mistaken or the driver not being known.

Before a court hearing, the defendant is entitled to see copies of evidence relevant to the case, such as any photographs and video recordings, that will be used by the prosecution to prove its case. In addition, copies of any letters sent to the defendant will also be shared. Your solicitor can provide evidence secured in your defence and challenge the prosecution's evidence to deliver the best possible outcome.

Q

Are there rules about signposting fixed and mobile speed cameras?

A

Speed cameras are intended to catch drivers off-guard to expose their bad driving habits, but there are rules about how they can be used.

Cameras are not required to be signposted but they must be clearly visible. It is common in the UK for cameras to be signposted before the stretches of road where they are installed, to inform drivers that they will be monitored. While this may reduce the chance of speeding drivers being caught, it also encourages drivers to slow down to avoid being caught, which is viewed as the most desirable outcome for the purposes of road safety.

Similarly to automatic camera devices, mobile speed cameras must also be conspicuous. Their operators and vehicles should be signed and brightly lit with high-visibility clothing and reflective materials. JMW can evaluate whether legal requirements for the camera were met and whether or not this could support your defence.