I have been caught speeding. Are there are defences?
The majority of speeding offences are caught on speed devices (speed cameras, both of the automatic and human operated type) or by police following a speeding car. The majority of cases are not contested and a fixed penalty notice fine is paid and three or more points are added to the license. However, if you dispute the charge, there are various defences you could try and use. You could argue:
- The speed device was not properly calibrated and positioned.
- The police officer using the speed camera did so contrary to regulations set out in relevant operational manuals.
- The speed camera took a false reading as determined by an expert’s evaluation of photographic or video evidence.
- That the particular speeding device used was not one approved for use by the Secretary of State.
Which types of speed cameras are in use, how accurate are they and what particular defences can I bring forward?
As suggested before, speed devices do not always work as intended. Let’s look at defences particular to each type.
Gatso cameras – these are the most common type of camera that can be fixed in place of mobile. They are usually contained in a grey box, making them a very familiar sight. As the majority of these cameras take photos from the rear of the car, it may be possible to argue that you were not actually driving the car at the time. However, cameras of this type are developing in order to take photos from the front and address this problem.
Digital SPECS System Speed Cameras – these cameras work by recording the time it takes for a car to travel from one point to another and based on this make calculations of average speed. These are sophisticated devices, which take pictures from both the front and rear of the car and do not run out film. However, it could be shown the particular device was not properly setup and therefore gave an inaccurate reading.
Truvelo speed cameras – these are similar to Gatso devices and usually take photos from the rear, although like Gatso cameras, some do take photos from the front to combat this problem. Unlike Gatso cameras, when a photo is taken, there is no flash. The defences available are much the same for Gatso cameras.
Mobile speed cameras – these are either hand held cameras used by the police. In order for these cameras to be used effectively, the operator has to receive the appropriate training. Defences with regards to these cameras include arguing that the operator did not receive the appropriate or adequate training or despite this, the camera was not properly operated.
How are speeding penalties determined?
Penalties are determined based on the severity of the speeding offence. If you are caught speeding on a non-motorway road, you will be given three to six penalty points and a fine of up to £1000. If you were driving 30 mph over the speed limit, you could face a driving ban.
If caught speeding on the motorway, you can be given three to six penalty points and a fine of up to £2500. If caught going 100 mph or more, you could face a ban.
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