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Avoiding an Instant Driving Ban for Excess Speed in the UK Magistrates Courts

Avoiding an Instant Driving Ban for Excess Speed in the UK Magistrates Courts

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Home Page > Law > Criminal > Avoiding an Instant Driving Ban for Excess Speed in the UK Magistrates Courts

Avoiding an Instant Driving Ban for Excess Speed in the UK Magistrates Courts

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Posted: Jan 02, 2010 |Comments: 0
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If you are caught speeding and your speed is 25mph or more than the prevailing speed limit, (or 21mph for a 30mph zone) the speeding offence will not be dealt with by a fixed penalty – rather you will be summoned to court (or receive a citation in Scotland) for consideration of giving you an instant driving ban.

The court will wish to consider banning you from driving for your excess speed. You are also likely to receive 6 penalty points and a fine of up to £1,000 (£2500 for a motorway offence).

A discretionary ban under such circumstances is normally up to 56 days but it can be longer – up to 120 days in some circumstances. If you already have points for a speeding offence and the 6 points take you to 12 points you are at grave risk of being banned from driving for up to six months under the totting up procedure.

The risk of a ban is greater the higher the speed. At speeds much greater than the speed limit the court’s inclination will be top ban you, particularly if others were placed at risk.

To avoid an instant ban for excess speed you will need to persuade the court either:

that you were not guilty of the offence there was a good reason or special reasons for your excess speed – such as a medical emergency or a risk to life – if the courts accept this is the case you will be found guilty but you will not receive a ban or penalty points that your circumstances are such that although you were guilty it would cause exceptional hardship to others (not you in most circumstances) should you be banned that there are mitigating circumstances – this is an attempt to portray your circumstances in the best light possible to minimise the sentence (not to avoid the conviction)

The vast majority of cases are dealt with in the Magistrates’ Court in England and Wales and the Sheriff’s Court or Justice of the Peace Court in Scotland. You will not avoid a driving ban for very high speed by failing to attend or making a submission in writing. You need to attend the court and present some well considered case to the magistrates or justices.

A good lawyer will greatly increase your prospects of success of avoiding a driving ban if you are convicted of speeding at very high speeds.

The court procedure is unfamiliar to most people and the arguments that will persuade a magistrates court to show leniency are quite tightly defined. For example it may not be enough to show the magistrates that banning you may lose you your job, but it may assist in gaining leniency if you can show the effect the loss of your licence might have on others, such as your employees, work colleagues or family

At the very least you should seek detailed free motor legal advice from us about the circumstances of your particular case and what arguments are open to you. This involves a detailed telephone consultation which is free and without any obligation.

Please contact me through the AutoMate website (below)  with more information if you are at risk of a ban so we can look at your case in more detail.

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Lucy Bonham Carter -
About the Author:

Lucy Bonham Carter is a specialist motor lawyer with AutoMate, the free UK motor legal advice site
http://automate.qualityanswers.co.uk

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Article Tags:
speeding, driving ban, instant ban, lose licence, magistrates court, speeding ticket, fine, penalty points, exceptional hardship, special reasons

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