Despite speeding being the most common of road traffic offences it can be the bane of a

Penalty Points & Totting Up

With increased detection of speeding offences and mobile phone use, penalty points have become the focus of many a driver.

Under the Road Traffic Offenders Act 1988 Section 35 reaching 12 penalty points on your licence means disqualification in most cases.

The minimum period of disqualification is 6 months (unless there has been a period of disqualification of longer than 56 days in the previous 3 years, when the period would be increased to 1 years disqualification)
Fines are only limited to the extent they reflect the offence

 

EXCEPTIONAL HARDSHIP
The Court must disqualify a driver where the conviction demands endorsement and the driver has, after endorsement on the current offence, 12 or more penalty points on their licence, UNLESS the defence are able to persuade the court that there is mitigation which includes exceptional hardship.

Blackwater Road Traffic Law have successfully argued many cases of exceptional hardship, keeping their clients on the road.

If the Court is persuaded that exceptional hardship exists the court can decide

not to impose disqualification at all and allow the driver to continue to drive despite having 12 or more points
reduce the period of disqualification from the minimum period otherwise set by law
The Court can and will consider any sensible argument presented that there would be exceptional hardship to the driver if he or she was to be disqualified. It may include reference to:

the financial circumstances of the driver and requirements for their licence for work
specific job type involving driving and impact in future if disqualified now
caring responsibilities of the driver who has a dependant family member
impact on others whose employment depends on the driver maintaining licence


TO FIND OUT HOW MANY POINTS YOU MIGHT HAVE IMPOSED ON YOUR LICENCE AND HOW TO STAY ON THE ROAD CALL.


STAY ON THE ROAD WITH BLACKWATER ROAD TRAFFIC LAW. FOR A FREE CONSULTATION CALL 0141 413 8111

Free Consultation

We are here to help

Low costs

Our cost effective approach

Scottish Legal Aid

Reducing your worries

24/7 dedicated contact

Peace of mind to get in touch

STAY ON THE ROAD WITH BLACKWATER ROAD TRAFFIC LAW.

FOR A FREE CONSULTATION CALL: 0141 413 8111

THE KEY TO A STRONG DEFENCE IS KNOWING WHAT THE POLICE DON’T WANT YOU TO KNOW

DO THE POLICE EVEN KNOW HOW TO USE THE EQUIPMENT?In any case where the police have caught you using any form of speed detection equipment, in car systems, dash mounted or hand held devices of any kind, the police officers will be required to give evidence in court if you challenge the charge. If you challenge the ‘accuracy’ of the equipment the test for the prosecution is even greater. The police will need to demonstrate that the equipment is type approved, and has been properly tested, serviced and most importantly calibrated prior to use by the police. The police officers will also need to demonstrate that the equipment was “calibrated” and working as intended by the manufacturer immediately before use on the day the police used it to detect the speed of your vehicle. This is often much trickier for the police than it sounds and poses a problem for many a prosecutor.   IS THE EQUIPMENT CERTIFICATION CURRENT? If the device used by the police does not have a current calibration certificate it may not be used in speed detection. It should always be checked as an absolute minimum inquiry of the prosecution case.   ARE THE TESTS ON THE EQUIPMENT VALID? Speed detection equipment that falls in to the category of ‘type approved’ must always be maintained by suitably qualified technicians. It is not good enough that unqualified individuals simply carry out an assessment of the equipment. It is always worth checking the service history as well as the calibration of the equipment. Checks should be made that the servicing and technical assessment of the equipment has been carried out within the appropriate time periods, and that it was undertaken by a qualified individual. There will also be a log for the use of the equipment. This will be held by the police and can be requested. This will indicate whether the equipment has in fact been used before, how often. It may reveal issues that would not be otherwise apparent.   HOW DID THE POLICE USE THE EQUIPMENT ON THE DAY. WAS IT CORRECT AND PER MANUFACTURER’S USER GUIDELINES? If the police carried out the proper procedures on the day of the use of the equipment, they will have checked whether the equipment appeared to be working properly. They will then have been required to test the equipment against pre determined distances. This is to ensure that on the day of use the equipment was capable of accurate measurement. The equipment should always be checked on the day of use, both before and after use on the roads. A failure to perform these important checks can be fatal to a prosecution.   ALL EQUIPMENT CAN PRODUCE BAD RESULTS IN CERTAIN CIRCUMSTANCES This is a fact. The poor skills of an operator, or their ignorance as to the proper use of the device, can give rise to inaccurate results. The inherent faults found within some of these devices can also contribute to false results. The manufacturer guidelines for all speed detection equipment is a crucial starting point for any serious challenge to the test results being used against you. To competently challenge the weaknesses often present in speeding cases, you will require the assistance of a specialist road traffic lawyer.   AT BLACKWATER ROAD TRAFFIC LAW we assure a strong challenge to every speeding prosecution.