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Speeding offences 

If you have received a Notice of Intended Prosecution or Summons or Postal Requisition then upon receipt of the case papers, I will check for technical challenges and defences to the alleged offence. PGT forum members will not be charged for this service - which is usually done as part of a retainer costing at least £150. In the first instance, a PM should be sent to me via the forum.

 

1. Lawful speed limit

A speed limit is made lawful by:

(i) the presence of street lighting not more than 200 yards apart; and/or

(ii) a Traffic Regulation Order lawfully made; and

(iii) the provision of prescribed speed limit signs appropriated located compliant with TSRGD.

 

2. Notice of Intended prosecution

There are specific rules governing the form and service of a Notice of Intended Prosecution. In particular;

(i) a person must either be "warned at the time"; or

(ii) served with a summons within 14 days; or

(iii) served with a Notice of Intended Prosecution within 14 days.

The Notice of Intended Prosecution must specify:

(i) the nature of the alleged offence; and

(ii) the place of the alleged offence (with sufficient particulars); and

(iii) the time of the alleged offence.

There are also specific methods of service permitted by law. If the aforementioned rules are not strictly adhered to then there can be no conviction for an offence to which it applies.

 

3. PHOTOGRAPH

If there a photograph available then it should be obtained and I will have it examined; either personally or by an expert witness familiar with the technology.

 

4. Summons or requisition PROCESS

There are various potential challenges to the process involving the issue of a summons or requisition.

1. In the case of a summons, an information must be laid within six months. A requisition must be issued to the defendant within 6 months.

2. The statement of offence must identify the correct legislation.

3. The particulars must make clear what is alleged by the prosecutor.

4. A summons must specify the court officer for the court that issued it.

5. A requisition must identify the person under whose authority it is issued.

6. The summons or requisition must be served by first class post.

7. In the case of a company, service must be at its principal office.

 

5. DEFENCES

There are numerous defences available to speeding offences. I will identify any potential defences based on your instructions to me. I will also assess the prospects of success. If your prospects of success are poor then you will be told this from the outset.

 

6. DIVERSION from court AND SENTENCING GUIDELINES

1. I will check your driving entitlements and endorsements.

2. I will identify if you may be eligible for a speed awareness course, a fixed penalty or not.

3. I will advise you of the likely outcome should your case proceed to court.

4. You will be advised of the costs consequences (maximum fine, victim surcharge, criminal courts charge) and how to keep those to an absolute minimum.