Crime, Motoring & Legal Aid
The enforcement of speed limits has, as every driver knows, proliferated over the last number of years. There are now approximately 20 speed cameras in Coventry alone, forming part of approximately 6,000 cameras throughout the UK. These are installed on fixed sites, facing both forwards and backwards. In addition, cameras can also be utilised at mobile sites such as in police vans and can be hand-held at sites chosen by the police.
No driver, if speeding, is immune from detection and if so detected, is not immune from having to give disclosure to the enforcing authorities, such as will lead to an enforcement process. A failure to provide information under these circumstances is itself an offence which carries penalty points, although the law provides a defence against the provision of this information under certain circumstances.
There are also circumstances which are of a technical nature which might provide a driver with a defence if, for example, the warning signs for a fixed site speed camera have not been properly displayed. The consequences of speeding will lead in the majority of cases to the imposition of a fine, together with penalty points which will vary between 3 and 6.
In certain circumstances, depending on speed and/or the location of the offence, disqualification can be imposed. Only a court however, has the power to dispense a disqualification. The accumulation of penalty points can lead to disqualification through what is known as the "totting-up" process.
Only a court can impose a disqualification under these circumstances. A driver might have available, the Exceptional Hardship argument, to try and dissuade a court from taking that course of action. In any case of speeding, a driver might also be able to argue Special Reasons. If successful, he/she could avoid the imposition of penalty points and/or disqualification.
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