Speeding Offences

Failure to comply with the ACPO Guidelines does not always prevent a case proceeding. Although the guidelines set out a code of conduct and a recommended method in dealing with such offences, as long as the Police comply with the law, adherence to the “guidelines” is not mandatory.

Generally speaking, the higher the speed, the greater the risk of an instant disqualification and as a general rule of thumb, when the speeding offence is in excess of 45% of the speed limit, there is a risk of an instant disqualification.

Firstly, you need to review the procedural issues. For example:

• Are the documents correct?
• Have they been served in time?
• Are there are any errors or discrepancies that can be used to dismiss the case?

Even if it is apparent that some errors have been made, do not proceed on the basis that the case will be instantly dismissed. The rules do allow for amendments to be made so be prepared to show that any such amendments would be fatal to the prosecution and highly prejudicial to the case proceeding.

It can vary from 7 to 56 days in most cases but in extreme cases, could be as long as 120 days.

The range of penalty points is 3–6 but in certain circumstances, the Court will impose an immediate disqualification and no points. However, if you already have 6 or more points on your licence and the speed alleged is so high that you would normally face an instant disqualification, the probability is that the Court will impose 6 points which would make your total 12 or more and you would face a totting up ban of 6 months.