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8th February 2017

BB Law recently dealt with a ‘Laser Jammer’ case. Our client’s case was concluded at York Crown Court on 7th February 2017 when our client narrowly avoided an immediate custodial sentence Read more ….

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11th August 2016

This client instructed BB Law a few days before his trial.  We persuaded the prosecution to drop the s.172 charge (which carries a large fine and minimum of 6 points) in return for a guilty plea to the original minor red-light offence.  This was potentially a difficult task because the red-light offence was well over […]

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Speeding

If I can find you a viable defence then it is perfectly possible to successfully defend a speeding charge and numerous examples of how I win speeding cases for my clients can be found in the case studies and client feedback section at the bottom of this page.

If there is no viable defence, then by applying a very careful damage limitation approach and with thorough preparation of mitigation we can secure some exceptionally satisfactory outcomes. 6 points for speeding at 130mph on a dark, wet and busy motorway is one such example. 3 points and a £170 fine for speeding at 78mph on a 50mph limited road at rush hour is another.

My job is to ensure each and every client gets the very best possible result and I’m pleased to say that when I take on a speeding case, whether it be on the basis of a not guilty plea or on a guilty plea and damage limitation basis, I almost always achieve or exceed client expectations. It is not easy to consistently do this week in, week out, which is why I undertake an initial assessment of all cases FREE OF CHARGE before accepting instructions.  This process enables me to ensure that I only take on cases where I think there is a realistic prospect of me being able to make a significant difference to the outcome. In short, if your case is a ‘no hoper’ and there isn’t very much that I can do for you then I will advise you of this at the outset and suggest you save your money. I don’t like losing and I don’t like disappointed clients!

There are predominantly 3 types of speeding cases in which drivers often find it worthwhile to instruct me to advise and represent them. I’ll deal with each in turn –

1) SPEEDING OFFENCES INVOLVING HIGH EXCESS SPEED

In the majority of speeding cases the police will offer drivers a Fixed Penalty (3 penalty points and £100 fine), however, once the level of excess speed crosses a certain threshold the motorist is then almost certainly destined to receive a court summons (also known as a postal requisition). The current thresholds at which drivers can expect to receive a court summons for speeding are:

35mph in a 20mph limit

50mph in a 30mph limit

66mph in a 40mph limit

76mph in a 50mph limit

86mph in a 60mph limit

96mph in a 70mph limit

Even where a driver has received a summons for a high speed case I can sometimes deal with their entire case on their behalf without them or me needing to attend court and without them needing to complete any plea or mitigation forms. I can usually deal with these sorts of cases for a fixed fee of £295. Clients value this service because it enables them to hand everything over to me safe in the knowledge that I will secure them the best possible outcome and they no longer need to worry about dealing with the court process and paperwork.

Once the level of excess speed reaches the following levels then the court will usually want to consider imposing a disqualification from driving and so the court will require the driver to attend, or alternatively the driver can instruct a solicitor to attend on their behalf:

41mph in a 20mph limit

53mph in a 30mph limit

68mph in a 40mph limit

78mph in a 50mph limit

91mph in a 60mph limit

101mph in a 70mph limit

In these sorts of cases having a specialist road traffic solicitor representing you can be the difference between you losing or keeping your licence and even in those exceptional cases where a ban cannot be avoided, there is still a great deal that can be done to minimise the length of any disqualification from driving. An example of minimising the length of a ban would be a client of mine who received a 3 month ban for driving at 142mph on the M6 Toll. This client had 2 previous disqualifications for speeding (I hadn’t represented him when he got his 2 x previous bans) and so he was facing a 6 – 12 month ban, however, we secured a 3 month ban by taking an exceptionally careful approach to the case and through the thorough preparation of mitigation.

2) SPEEDING OFFENCES WHICH MIGHT TRIGGER A TOTTING UP BAN

A conviction for speeding can lead to 3 – 6 penalty points or a disqualification. One of the most common situations drivers come to me for help with, is when they are facing prosecution for a speeding offence (or multiple speeding offences) the penalty points for which could put them at risk of a Totting Up ban due to the number of penalty points they already have on their licence. A driver is at serious risk of a minimum 6 month Totting Up ban when they accumulate 12 or more penalty points for offences committed within a 3 year period (it is the offence dates that are used to calculate the relevant 3 year period so you can still be facing a Totting Up ban even if the date of sentencing for the most recent offence/s is long after the 3 year anniversary of the offence/s for which the previous points were imposed).

Many years of specialising in road traffic law and dealing with hundreds of clients facing this situation enables me to quickly work out whether or not I am likely to be able to prevent a client from receiving a Totting Up ban.

How do I enable clients to avoid a seemingly inevitable Totting up ban? Well, it’s a bit of an art and a bit of a science. Persuasive advocacy and meticulous preparation, combined with a thorough knowledge of road traffic law and exceptional tactical awareness are all key to securing the results that my clients pay me for.

Sometimes I will suggest trying to secure a short disqualification instead of penalty points (thus avoiding the much longer Totting Up ban). Sometimes I will suggest we prepare and advance what is commonly known as an ‘Exceptional Hardship’ argument in order to avoid a Totting Up ban. Sometimes I will find a viable defence to the speeding charge itself. Sometimes I will suggest we seek to persuade the court to impose a reduced number of points so that the total number of points on the licence do not reach the dreaded 12 points (this can be a complicated but very effective approach, particularly when a client has poor Exceptional Hardship grounds) and sometimes we use a mixture of all of these approaches and others until we find the one that works!

If you might be facing a Totting Up situation then the sooner you seek advice, the better.

3) SPEEDING AND FAILING TO PROVIDE DRIVER INFORMATION (S.172 ROAD TRAFFIC ACT)

Speeding prosecutions very often arise from vehicles triggering a manned or unmanned camera device. The driver isn’t stopped at the roadside and instead a combined Notice of Intended Prosecution (commonly known as an NIP), and requirement to provide driver information (commonly known as a s.172 form) is posted to the registered keeper’s address.

If the police do not receive a satisfactory response to their request for information then they will not hesitate to prosecute the person to whom the combined NIP / s.172 form was sent. These days most police forces will prosecute the registered keeper for both the failing to provide driver information offence and the original offence which triggered the sending of the combined NIP / s.172 form.

Failing to provide driver information carries a minimum of 6 points and a large fine (as well as significantly increased insurance premiums for the next 5 years), however, I can often successfully defend these types of cases and in those cases where there is no viable defence, it may be possible to resolve the case by way of 3 points and a fine similar to the amount of a Fixed Penalty (£100). My fixed fee for the latter approach is usually £495.

If you have received a summons or postal requisition charging you with a s.172 offence and a speeding offence then please email me ( bb@bb-law.co.uk ) a copy of the first two pages of the requisition / summons as well as any statements and exhibits that came with it and I will reply within 24 hours with a detailed case assessment and fee quote.

SPEEDING FAQ’S

I accept I am guilty of the offence but can I ask the court not to give me points and not to disqualify me? – Yes! If you are guilty of speeding but there was a very good reason why you were speeding then we can ask the court to consider what is called a ‘Special Reasons’ argument.

I don’t accept I was driving at the time of the alleged speeding offence, what can I do? – You should consider pleading not-guilty because it is for the prosecution to prove beyond reasonable doubt that you were driving the vehicle at the relevant time. BUT pleading not guilty carries financial risks and so before you decide whether it is a good idea to defend the allegation you would be well advised to email me the details of your case and let me provide you with some free initial advice

I don’t accept that it was my vehicle that was caught speeding and I suspect someone has cloned my vehicle, what can I do? – If you have good reason to suspect your vehicle has been cloned then you should consider pleading not-guilty to the alleged motoring offence. However, the police will investigate your claim thoroughly and if they think you are being dishonest then there could be serious consequences.

What if the car was registered to me or I was nominated as the driver but I wasn’t driving it at the time of the offence? – You should consider pleading not-guilty to the speeding charge but in these circumstances you may find that you are also being prosecuted for a potentially more serious offence contrary to s.172 of the Road Traffic Act 1988 (failing to furnish driver details). In these circumstances seeking the advice of a specialist driving solicitor is essential. Give me a call on 07764 757 214 and we will soon work out what the best way forward is.

What if I accept I was going faster than the speed limit but not as fast as the police say I was going? – Then you may wish to consider pleading guilty to the speeding offence but we can ask the court to sentence you on the basis of how fast you say you were going, which can make a considerable difference to the sentence. This is exactly the sort of case that I can help you with.

Case Studies & client feedback relating to speeding

142mph Speeding allegation on M6 Toll – 3 month disqualification

This was a long and hard fought case with more aggravating features to contend with than just the high speed. The result achieved was actually more exceptional than the length of the disqualification would suggest. The following feedback was received from this client –

“My experience with Bobby at BB Law has been exemplary from start to finish. Facing a difficult prosecution for a very high speed, Bobby took the time to meet with me and deal with all my subsequent questions by phone and email with no delays whatsoever. Bobby is knowledgeable and professional and considered many different options for my defence and case and carefully explained the strategies, positives and negatives for each possibility.

Bobby ended up “juggling” 3 different unrelated motoring offences for me with the outcome exceptional in all 3. The main speeding offence outcome was outstanding and surpassed my expectation in the face of a heavy prosecution. I would be sure to contact Bobby with ANY motoring offences in the future no matter how “black and white” they first appear and I would have no reservation recommending Bobby to anyone needing assistance with motoring offences. Bobby was friendly, professional and provided clear concise cost effective case management throughout.” – Mr M, M – Southampton

Speeding disqualification avoided

“Many thanks for your invaluable support in achieving the ‘best result’ for me at Macclesfield Magistrates Court last Friday. It was a professional business class journey with a first class upgrade result, and I am certainly impressed with the prompt and efficient manner in which the case was handled from the outset to completion.

The attention you professionally established to detail the presentation, was ‘carved out’ of a lot of superfluous, yet factual information and the process of identifying any unnecessary ‘literary weight’ to carry was resolved; resulting in the clear message delivery and case transparency for the Magistrates Bench to quickly and fully understand in order to reach the preferred outcome which we desired. All in all a very good performance. Thanks for listening and providing a solid foundation to support my case.

Once again many thanks, well done & with my sincere appreciation. Kind Regards”– Mr P, G – North Wales

Speeding mitigation (102mph)

“Morning. David has said that he was very pleased with outcome and to thank you very much for all your help. He also said your services were very professional and at every stage. Once again thank you.” Mrs L, W (client’s partner) – Cheshire

North Wales Speeding charge dismissed at trial – Notice of Intended Prosecution held to be defective

This client was facing a minimum 6 month Totting Up disqualification and did not have any grounds to argue Exceptional Hardship, so the pressure was on to win his case. Fortunately, BB Law quickly identified a defect in the police procedure, which resulted in the magistrates dismissing the charge at trial. This is what the client had to say –

“When I first looked for a solicitor to defend me, I contacted five different firms and yours was the only one that presented me with a plausible option for my defence. Subsequently, your diligence led to the revelation that the police had not provided adequate evidence for a proper prosecution. Nevertheless the CPS still went ahead with a prosecution, but your very cogently argued defence ensured that the magistrates had no option other than to find me not guilty. I feel that you did a superb job on my behalf and would have no hesitation in recommending you to anyone in a similar situation needing professional help with motoring law and the defence of any alleged offence” – Mr J, H – Malvern

111mph speeding offence – but disqualification avoided

“Thanks Bobby. Fantastic result for me in the long term despite the fine and costs. I thought the service was fantastic and the speed at which you turned things around was great considering the decision we made to attend on the 22nd, very short amount of time to prep and still came out with a good result, I would use your services again in the future if I ever need them” – Mr K, T – Stafford

Speeding allegation based on Truvelo camera evidence – case dismissed at trial and costs granted

“I was in court for a Totting Up ban so went to Bobby for help with the case. He performed outstandingly in a case I felt I was doomed with. His tactics and strategy was first class and resulted in the case being dismissed with no points added to my license as well as an application to get my costs back. Could not recommend him highly enough, was honest from the start and put the work in to achieve the best result for me. His knowledge on these matters was in depth and comprehensive” – Mr C, H – Hampshire

Speeding allegation of 90mph+ in a70mph limit – case dropped

This client’s case was closely linked to another of BBLaw’s client’s cases (see feedback comment from Mr E, W of Walsall). We managed to go one better for this client, whose case was dropped after the CPS saw what happened during Mr E, W’s case!

“Big thank you to Bobby for getting my case thrown out of court for being accused of exceeding 90mph on a 70mph road. He was always there to answer any queries I had about the case. I would recommend him to anyone. Can’t be any happier with results as I keep my license and job.” – Mr M, B – Aldridge

Disqualification for speeding avoided without client needing to attend court

“Can I start by thanking you for your professional service and assistance with my recent speeding offence. I am delighted with the result, which ensures I keep my licence which I can’t thank you enough for. You handled my case without the need for me to attend court, this was stress free and convenient for my work commitments. I believe your approach to getting your clients the best results at an affordable price is second to none and I would greatly recommend BB Law to colleagues and friends in the future.” – Mr B, S – Barnsley

6 points for 77mph in a 40mph limit

“Thanks for the great service provided, I found you very professional and trustworthy from our first phone call. The communication throughout the process was excellent. Most importantly I thank you for your help in getting a good result. Facing a driving ban with a heavily pregnant wife was quite worrying, so getting this reduced to 6 points and a fine was a big relief. I would have no hesitation in recommending your service to others.” – Mr J, C – Surrey

Speeding on M6 – potential disqualification avoided

“Mr Bell, Thank you very much for defending my speeding case (105 mph on the M6) I was fearing the worst, but your expert knowledge of Road Traffic Law and Court procedure, in particular drawing the Courts attention to guidelines that other none specialist Solicitors may not be aware of, which made a difference to the outcome. You presented my case in a concise manner and were able to secure 6 points instead of a driving ban, with a fine which was fair. All in all your fixed fee was very reasonable. This outcome has made this a better Christmas than I was anticipating. I would have no hesitation in recommending the services of BB Law.” – Mr N, W – Chester

Speeding at 108mph on M6 – potential driving ban avoided

“Dear Mr Bell, I would like to sincerely thank you for the expert service provided to me earlier this month by your firm. I felt that you achieved an amazing result for me personally after presenting an extremely convincing argument to the magistrates to not ban me. I contacted BB Law in October after receiving my court summons. Whilst searching for legal representation I learnt that BB Law have an expert knowledge of local courts in Cheshire, which was one of the reasons I didn’t hesitate to instruct them. From my first contact with BB Law, up to the final day in court, Bobby was always available to advise me and keep me posted with information I required.

I would most certainly recommend BB Law to family and will most certainly be keeping Bobby’s number in my diary for any future legal matters. On a personal level I felt extremely comfortable with Bobby as he is professional and clear with his advice as well as being a smart and well presented person. His legal advocacy skills in court on the day were also impressive to witness. Thanks Bobby, You are most certainly a life saver in my particular case and your fees were extremely affordable leaving enough in the wallet to furnish the inevitable fine and fees. Kindest regards” – Mr R, S – Prestbury

6 Points for alleged 114mph on motorway

This client was summoned for an allegation of speeding at 114mph, however, the client was adamant that he was going no faster than 105mph. BBLaw were able to secure a guilty plea on the basis of the 105mph and subsequently secure 6 points rather than a disqualification, which was absolutely vital as far as this client was concerned.

“Hi Bobby. Just wanted to email you to thank you for your excellent and thorough service throughout my case. Your advice was absolutely spot on. I hope I never need to go through this process again, however, If I do, your number will be the first I phone. I will also be 100% happy to recommend you services to anyone who require legal motor advice. The case proceeded in exactly the manner you advised it would, and it was that knowledge that helped me achieve the best possible result given the circumstances. Many thanks” – Mr P, K – London

Speeding allegation dropped

Representations to the central ticket office resulted in this client’s fixed penalty being cancelled.

“Hi Bobby. Thank you for your help and swift action on this matter, I will be sure to recommend you to my family and friends if they ever need your assistance. Best regards” – Mr R, A – Leigh

6 points for alleged 104mph in a 50mph limit

“It’s not all about the speed”

“Hi Bobby. Great result today – I especially liked the above comment! Seriously, many thanks for your efforts – you clearly struck the right note with everyone concerned, and that can’t be an easy thing to get right. Absolutely stunned when the chair whispered “six points”. If you ever need a reference please get in touch – I would have no hesitation in recommending your services. Thanks again”. – Mr B, W – Northamptonshire

Speeding prosecution discontinued before trial after BB Law spot police procedural error & all costs refunded

The staff at the central ticket office had failed to send a driver identification form to the client in his own name, instead the prosecution were seeking to rely on a form that the client had completed but which had not been addressed to him. This result was all the more important for this client as he was already on 9 points and so was at risk of a Totting ban.

“I would like to express my great thanks to Bobby Bell for all the great professional help he gave me in overturning a punitive speeding fine. The help was largely conducted over the phone and by e-mail where possible, keeping costs down, and was always given in a friendly and efficient manner. He also managed to get my costs refunded, which was a great bonus. I do realise that it also helps to have a little luck on your side sometimes! Here’s to you Bobby!”
– Mr M, A – North Wales

14 Day Ban for doing 116mph on Motorway

“I was caught speeding at 116mph on the M6 and was worried I would get a 2 month ban. I found Bobby’s website and found him very professional from the first phonecall. I went to Court today and was happy with the result of 2 week ban and £500 fine. I strongly recommend Bobby for his knowledge, experience and guidance and especially for representing me in such a Professional manner. Many thanks Bobby and good luck for the future.” – Dr R, R – Cheshire

Summons for Speeding and Fail to Identify Driver withdrawn in return for £60 Fixed Penalty

“I was being prosecuted for Speeding and Failing to Identify Driver. Both charges were dropped by CPS with no trial in court. Bobby persuaded the CPS to roll back the case to the Central Ticket Office for them to re-issue me a fixed penalty of only 3 points £60 and absolutely no record that would show up on a CRB check, which I would have got if the case had been dealt with by the court. Fantastic outcome for me because I just needed to avoid a conviction from a court at all costs as I need a clear CRB check.

BB Law helped me with the case and it proves they are extremely knowledgeable and helpful eventually leading to the withdrawal of BOTH offences. Very well done and I would recommend the firm to anyone who sees this post and has similar tricky issues to deal with.”

Many thanks – Mr A, Y – Barnet, London

28 day ban and £70 fine for 19 year old Speeding at 108mph on dual carriageway – avoids licence revocation

“Hi Bobby. Here is my feedback for you. Thank you for all your help! – I was extremely pleased with BB Law’s service and their good value for money, but most importantly the outcome of my case. Bobby was extremely professional and worked very closely with me in clearly explaining the court procedures, considering I was completely unaware of what to expect. I felt reassured and comfortable working with Bobby, as he was confident and knew precisely what he was doing. Overall, I can honestly say I am very pleased with the whole service and I would strongly recommend BB law to anyone looking for any legal help or advice.” – M, Q – Aylesbury, Buckinghamshire

Fail to Identify Driver (s.172) & Speeding – case discontinued & all costs refunded

“I am an experienced property solicitor living and working in Hertfordshire. Bobby Bell represented my wife in connection with local speeding offences. As a result of his intelligent, focussed approach the prosecution was successfully discontinued. His service was at all times excellent and he was always affable and approachable” – Mr D, R – Hertfordshire

Southport Speeding offence dropped before trial due to defective signage and defective Traffic Regulation Order (TRO) & all costs refunded

“I was represented by Bobby Bell of BB Law. I didn’t have to attend court. Bobby wrote a letter to the CPS and attended court on the first hearing. The CPS passed the matter over to the Police for their comments. Bobby chased the matter up on Thursday with the CPS and was informed that the matter had been discontinued due to lack of evidence. Regards” – G, S – Formby, Liverpool

Speeding – 51mph in a 30mph Limit

This client instructed BB Law to draft a letter of mitigation in relation to a Speeding offence. The client’s objective was to avoid even a short disqualification. The objective was achieved at minimal cost.

“Just thought that I’d let you know the outcome of my hearing; 6 points and a hefty fine (but in accordance with the guidelines for magistrates). In the end I decided to plead guilty by post and I employed the services of Bobby Bell at BB Law. His advice and guidance was absolutely spot on and his fees extremely reasonable. I would have absolutely no hesitation in recommending him.” – A, M – Tyne and Wear

35 day disqualification for doing 120mph on the motorway

Mr J. S. from Cheshire had 6 points on his licence for two speeding offences committed in 2010. Therefore, he was at serious risk of receiving a further 6 points and consequently a 6 month minimum totting up ban as a result of being caught doing 120 mph on the motorway. Fortunately, Bobby was able to persuade the court not to impose any penalty points and instead impose a short disqualification of 35 days, together with a £375 fine. This result was exceptionally good for this client as it was vital to him that he still has a 5 point buffer zone before reaching the dreaded 12 points threshold.

“BB Law provided me with an excellent, efficient service. I felt prepared and at ease, despite the situation. A very confident and professional service and thanks again for my short ban, it went so quick and I only really had one week of bad weather” – Mr J, S – Congleton, Cheshire

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