You're guilty of speeding as soon as you travel more than 1 mph the speed limit. Because we're only human the police usually allow us a margin of error. However this margin of error is up to individual constabularies and officers and not the law.
All motoring offences fall under criminal law and a conviction will appear on all future CRB checks for 5 years. This also means you will need to declare all your "motoring convictions" if asked for any "criminal convictions" when applying for a job...
There are three main reasons why the police employ gadgets to assist with enforcing road traffic laws such as speeding. These are:
1) Two pieces of evidence are usually needed for a prosecution. The officers opinion (evidence #1) counts as a form of evidence and the (for example) speed reading of a gadget is used to corroborate that opinion (evidence #2). With fixed cameras the RADAR/LIDAR reading is evidence #1 and the photograph is evidence #2.
This also means you could conceivably be accused and convicted by two coppers sat on their bicycles as each of their "expert" opinions count as a form of evidence (two opinions = two pieces of evidence). The exception to this "two evidence" rule is motorways; where just one piece of evidence may be enough to convict.
Obviously just an officers opinion makes it difficult to prove the exact "speed" for consideration in handing out a punishment ...which leads us to our second point:
2) It allows the courts to dish out "accurate and proportionate" punishments. As you know, if you're caught driving only a little bit over the posted speed limit then your punishment is likely to be far less severe than if you're caught driving 100mph over it. These variable sentences are not law - they are part of the "Magistrates Guidelines" which are revised from time to time.
This is because the law is black and white, you either are - or you are not - speeding, this is known as an "absolute offence". How 'badly' you commit an offence is a subjective matter, the punishments for which are on a sliding scale (see below "Magistrates Sentencing Guidelines").
3) It's harder to defend against physical evidence. Obviously, the word of an officer is not solid proof and can be defended against. Photographs (for example) on the other hand are much harder to defend against...but it is by no means impossible, it just requires knowledge and skill.
Below is a summary of the Magistrates Sentencing Guidelines. The full guidelines are much more complicated and take many more factors in to consideration such as blood alcohol levels, no insurance, etc. However the below is a good guide:
Speed limit (mph) |
Recorded speed (mph) |
||
20 |
21-30 |
31-40 |
41-50 |
30 |
31-40 |
41-50 |
51-60 |
40 |
41-55 |
56-65 |
66-75 |
50 |
51-65 |
66-75 |
76-85 |
60 |
61-80 |
81-90 |
91-100 |
70 |
71-90 |
91-100 |
101-110 |
Points |
3 |
4-6 |
6 |
Fine range |
25-75% RWI |
75-125% RWI |
125-175% RWI |
Disqualification |
No |
7-28 days |
7-56 days |
RWI = Relevant Weekly Income
So you can see from the above having variable punishments based on your speed makes the "speed" an extremely important factor. For example, driving at 81 mph in a 60 mph limit carries a potential ban and a higher fine than driving 1mph slower at 80 mph. This is why it is very important to ensure all police evidence is accurate!
Taking your case to court can allow you to prove you were speeding but not as fast as originally accused, as well as proving you were not speeding at all. At the very minimum you can request a reduced punishment!
The legal system is meant to be blind, with each defendant innocent until proven guilty. 'All you need' to do is cast reasonable doubt on the evidence, or flipping that around, prevent the prosecution from proving beyond reasonable doubt that you did commit the alleged offence.
This is true for every other area of criminal law except motoring offences. Yep, motorists are not treated with the same level of respect as a murderer. With a motoring conviction unless you can prove that you were not speeding you'll always be found guilty...the onus is on you to prove you are innocent rather than the prosecution proving you are guilty.
Vehicle speedometer accuracy has to be within +10% accuracy according to the UK's Vehicle Construction And Use Regulations. Note the "+" on "+10%"...the speedometer can over read but must never under-read.
Manufacturing a perfect speedometer and display with zero% error would cost an inordinate amount. The ACPO recognise this and apply 10% plus 2mph. This is not law, these are guidelines. It is entirely possible for a constabulary to set speed traps with a zero margin of error.
This table shows the guidelines THE POLICE use for letting drivers exceed the speed limit, however, some cops and some cameras will catch you for going just 1 mph over the limit:
| Speed Limit Of the Road | Fixed Penalty Usually issued at speeds above: | Summons usually issued at speeds above: |
| 20 mph | 25 mph (10% + 3mph) | 35 mph |
| 30 mph | 35 mph (10% + 2mph) | 50 mph |
| 40 mph | 46 mph (10% + 2mph) | 66 mph |
| 50 mph | 57 mph (10% + 2mph) | 76 mph |
| 60 mph | 68 mph (10% + 2mph) | 86 mph |
| 70 mph | 79 mph (10% + 2mph) | 96 mph |
So in the above table, you *shouldn't* get pulled over on a motorway until you travel at 79mph or more.
Laws are created by the government. The Police enforce the law. With regards to road traffic offences there are three important documents that detail rules the police must adhere to when enforcing these laws. These are 1) Rules For Speed Camera And Red Light Camera Locations 2) ACPO Rules For The Use Of Enforcement Equipment and 3) The Manufacturer Guidelines of the device.
Other laws such as court proceedings, compulsory deadlines and your rights (to name just a few) are far too complex to delve in to here and if you're needing to swat up on these then chances are you need a good lawyer. Don't forget, Licence Shield may be able to help you even if you're already accused of an offence!
It's important to note at this point that the different governments of 1) Scotland, 2) England & Wales and 3) Northern Ireland all have different nuances in the process of their respective legal systems, however broadly speaking the law across the whole of the UK is the same.
1) Rules For Speed Camera And Red Light Camera Locations
The Department of Transport occasionally publishes details about the government's own rules for speed camera and red light camera locations. This "Official Handbook" is not well circulated and is hard to get a copy of, we're told our lawyers had to threaten the ACPO to get this copy, quoting The Freedom Of Information Act and various European Laws. However, you do not need to go through this hassle and can download the latest copy for free from us ...because we're nice like that! Find The Official Handbook Here
2) ACPO Rules For The Use Of Enforcement Equipment
These rules form the second arm of for road traffic enforcement. Although the ACPO (Association of Chief Police Officers) create these rules, adherence to them is down to each individual Chief Constable whom are operationally independent in their respective geographic areas. Find the ACPO Rules Here.
3) The Manufacturer Guidelines for the device
Adherence to the manufacturers guidelines only applies to devices that require home office approval. When the home office approves a device for use it does so on the basis that the device is used in accordance with its guidelines. If the device has been used in a manner other than as approved, then the evidence may be inadmissible. Find Manufacturer Guidelines Here.
If the police break the above laws this can help to build a defence with strong prospects of success.
The prosecution process usually goes something like this:
If you wish to fight the allegation ("plea not guilty") or if you admit to committing the offence but do not agree with the severity of the punishment ("mitigate the sentence") you can opt to have your case heard in court.
The court will always ask the opening question "how do you plea" which is when you get to choose "guilty" (and go on to attempt to mitigate the sentence) or "not guilty" (and go on to try to prove you are in fact innocent).
This is where our legal team can help and build a strong case regardless of how you intend to plea. Professional legal help can only help to improve the situation. Self representation is dangerous..see "The Law In Practice" for more information on that.
Depending on if you plea guilty of not guilty you have several options available to convey your case.
When Pleading Guilty:
When pleading guilty your main aim is to get the court to lessen their punishment. The way you do that is by either one or a combination of the following two arguments:
1) "Exceptional hardship" arguments: These arguments outline why the punishment is unfair TO YOU. For instance getting more than 6 points on a licence may mean a truck driver loses their job. The loss of their job is far beyond the intention of the Magistrates Sentencing Guidelines so they would likely impose a sentence that did not involve a ban.
There are so many exceptional hardship arguments - almost EVERYONE has one - but the key is in both structuring the argument in a professional manner and listing as many as possible that apply to you. Our lawyers can help!
2) "Special reasons" arguments: These are less common than the above Exceptional Hardship. Special reasons are exactly that: a "special" reason why you HAD to speed. Accepted arguments we've previously presented include rushing to a hospital with a pregnant woman in the car, defective brakes (mechanical failure) and harassment to the point our client was fearful for their life.
When Pleading NOT Guilty:
You obviously cannot put forward an exceptional hardship or special reasons argument as these are based on the admission that you're guilty but disagree with the severity of the punishment - so the above two options are out. You can however do a:
1) Logic based argument: by establishing certain facts an argument can be built. For instance, if a photograph has a 20 year old banger of a car clocked doing 300 miles per hour the logical argument should be clear. Similarly arguments based on scientific understanding of how the device may have misread your speed fall in to this category. Again, it's all about how you present the argument.
2 Legal based argument: for example you have case law proving your point or that the prosecution's evidence is in some way void due to laws on their part being broken. See the "Speed Enforcement Gadgets" section at the top of this page for the rules and laws police should adhere to.
3 - Witness/evidence based argument: This can include a person testifying or a physical object...such as a satellite navigation system that logs your speed proving you were not breaking the law.
For more information on loopholes please have a look at the menu on the left.
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