If you are caught far in excess of the speed limit there is a high risk of an immediate disqualification from driving based on the recorded speed. Frustratingly, different Courts around the country have different local practices. A good rule of thumb however is if you are more than 40% over the speed limit, you are at risk of an immediate disqualification.
The length of the ban is again at the Court’s discretion, but will range from 7 to 90 days depending on the exact circumstances of your case, your personal situation and the quality of the mitigation raised by you or your Barrister.
As a general rule, the Courts will punish high excess speeding offences with instant disqualifications. Also, any driver reaching 12 penalty points within 3 years would face a 6 month disqualification under the "totting up" procedure. The mandatory guideline is that under the "totting up" procedure, a 6 month disqualification should be imposed but when the licence is returned, the slate is wiped clean and the points removed.
Discretionary disqualification; or
£1000 or £2500 for motorway offences.
The prosecution must prove its case to the Court establishing beyond reasonable doubt that you have for example, been speeding. If there are any evidential difficulties with the prosecution case, Driving Law will spot them and advise you accordingly. This will include proving that it was you was driving – although some obvious inferences can reasonably be drawn.
These include challenges to fixed position Gatso and speed recording hand-held devices (where applicable). The Gatso uses radar technology and is used for fixed speed cameras, in-car mobile units, tripod mounting and can even be used from moving vehicles. Driving Law will carefully examine the set-up of the device including calibration, alignment and site. This may well be affected by annual service requirements of the device and the meeting f training requirements by the operator.
Challenges will also include an examination of the continuity of the evidence collected. This is where challenge is made to how the evidence was recorded, collected and stored for use in Court. There are procedures to be followed to ensure that evidence is not contaminated.
The above is a time consuming and complex process.