Given the massive increase in speed cameras and mobile speed measuring devices used by Police Scotland throughout the country, it is highly likely that most drivers in Scotland will receive a speeding ticket at some point in their lifetime.
This will usually be by way of either a fixed police camera which will take photographic evidence or from a hand held device operated by a police officer at the side of the road. A police officer can also claim that you have been speeding by utilising a calibrated speedometer within his/her own vehicle.
The prosecution must still prove the accuracy of the speed measuring device and a police officer must have followed the correct procedure before you can be convicted of any speeding offence. That is why it is crucial that you contact us at Driver Defender immediately to discuss your own particular situation in order that you can be properly advised.
You may simply be given a £100 fine and 3 penalty points and think that you should just pay it to save any further hassle or embarrassment. That is arguably what the ‘system’ relies on. It is of course entirely your decision. If you have no penalty points or are sitting on only 3 penalty points then there may be sense in that decision. But remember, accumulate 12 or more penalty points and you run the risk of losing your driving licence. Points can accummulate quickly and you should think carefully before simply accepting your ticket, 3 penalty points and your fine.
The speed measuring devices operated by the police are not 100% fool-proof. Things can go wrong with them. They are operated by humans, police officers, and human beings are of course capable of making mistakes and indeed often do in our experience. It is necessary that certain checks are completed before the accuracy of a device and hence its recorded speed can be relied upon. These machines have to be annually calibrated. They are required to go through various essential checks by the officers before utilisation and there should be annual calibration checks by the manufacturer to ensure they are still working properly.
Totting-up
If you accept you were speeding you can usually expect to receive between 3-6 penalty points and a fine. It is open to the court to disqualify you from driving, depending on the speed you were travelling at and the particular facts and circumstances of your case at the time. If it is a high speed then this is obviously more likely. It is very important to take advice in that regard before rushing to a decision to ‘get it over with’.
If you have points already on your licence there is a real risk that through the totting-up provisions you will be disqualified from driving if you accumulate 12 or more penalty points on your licence.
Importantly, however, a driver can often still keep his driving licence by recourse to special reasons which can be explained to the court during a separate court hearing.
These special reasons often involve putting extenuating circumstances for consideration before the Court whereby penalty points are not put on your licence although you have still been convicted of the offence. This can mean the difference between you keeping your licence and losing it.