Fixed Penalty Notice
In many cases you may be issued with a fixed penalty ticket, which will require you to indicate either a guilty plea and paying a fixed fine of £100 and 3 points added to licence. If you do not respond to the fixed penalty notice, are unable to surrender your driving licence for endorsement or indicate that you are not guilty the matter will be processed for the case to go to a court hearing. A court case will increase costs and penalties in the vast majority of cases.
If you are stopped by an officer and are to be issued with a fixed penalty notice it is imperative that you inform him of any possible events that may prevent you responding within the following month so that he can extend the period on the notice for you to respond.
The police will not issue a fixed penalty notice if you are liable to totting under the “totting up” procedure or the level of speed above the limit is excessive usually 25mph above the speed limit or do not have your licence available for endorsement.
It is important that you take some action within the time limit indicated on the fixed penalty ticket or it could be a very unnecessary expense. You should have a minimum of 21 days to respond, the guidelines indicate that police forces should give you 28 days so you will have time to contact an expert in Road Traffic Offence for the best way forward with your case.
If you are prosecuted for speeding you can receive up to a fine of £1,000 (£2,500 if on a motorway), 3 – 6 points and may be disqualified which could have a devastating effect on your work and life.
If you are driving at over 26 miles above the speed limit you could face a disqualification of between 7 -28 days and fines of 75%-125% of your weekly income up to £1,000 (£2,500 motorway).
DEFENCES AVAILABLE TO SPEEDING
- Police procedure not followed in the speed recording producing an unreliable speed record.
- The police have not adhered to strict time limits.
- The speed limit signage was not legally in place.
- You were not the driver, it was not your car or you were not speeding.
How we can help.
1. We will advise on your case after consideration of the prosecution papers whether that is pre-charge, post fixed penalty notice or post summons. We offer a fixed fee for this advice and if you instruct us to proceed with your case we will deduct this fee from the representation fee.
2. We can represent you by writing to the police/CPS. We can often persuade the police not to proceed with the case but to allow you to undertake the Speed Awareness Course which may cost between £80-£100 or persuade them on the evidence to withdraw the proceedings altogether.
3. We can write to the court to mitigate your sentence or plead special reasons for non-endorsement/disqualification. If you consider the penalty range effective professional mitigation covering the points that the court will have to take into account can have a highly beneficial impact on the outcome by reducing the level of fine by up to 100% of your weekly income and reducing the number of points endorsed on your licence so you avoid totting up and avoiding a disqualification. Or we can provide the same service by representation at Court.
4. We can plead Exceptional Hardship either in writing or by court representation. The rules in relation to Exceptional Hardship are complicated and often not what the general public would consider. For example – loss of employment is not in itself Exceptional Hardship. We know factors influencing Exceptional Hardship considerations and can ensure that the factors presented are evidenced and presented to ensure that the Court implementing this rule avoids a disqualification.
5. In the event of a Not Guilty plea we can advise you on the preparation of your case and the trial hearing. We can advise you if you wish to represent yourself or you could instruct us to represent you throughout the trial proceedings in which case we will prepare the defence case, instructing experts if necessary, taking witness statements and presenting the trial at court.
Instructing an expert to represent you in all stages of a case may seem expensive but it could be a false economy not to when you consider the additional penalties that could be received such as higher fines, more points which could lead to disqualification, longer disqualification which will impact on your living costs, your life generally and increase future costs such as insurance premiums. So instructing expert representation should be considered an investment, which will significantly reduce future liabilities.
For information regarding speed awareness courses please click HERE