Some fifteen years after the introduction of speed cameras huge numbers of drivers are still speeding. But very few motorists realise the horrendous and unexpected costs in defending such a prosecution.

Glasgow based lawyer, Graham Walker of roadtrafficlaw.com said that many clients do not realise that The Scottish Legal Aid Board will be unlikely to fund their defence due to the fact that Legal Aid is a means tested resource and most motorists are likely to fall out with the financial guideline limits.
He said “When they realise how much they will require to pay to defend their case they are often horrified.”

Walker said that it can easily cost in the region of £2,000 to £3,000 to defend such a case depending upon how much time the whole court procedure takes.

When asked – Who would spend this sort of money defending a case where the penalty would most likely be 3 penalty points and £60 fine?. Mr Walker explained that there are more than 6000 cameras on the roads of Britain and that 4 in 10 motorists were driving with some penalty points on their licence therefore a licence could fall into jeopardy very quickly.

Under the totting-up system, those with 12 lose their licence – and often their livelihood. Walker says part of the blame for the rise in speeding fines lies with the explosion in the number of cameras. But he also cites the pressure of modern life, with ‘stressed-out’ workers rushing to meet deadlines as they average 20,000 miles a year on business.

Official figures show that the war on motorists has reached unprecedented heights. The Department of Transport said there were more than 13million prosecutions in a year, with camera offences up 45 per cent to a record 1.9million.

In the UK around 33,000 lost their licence for hitting 12 points.

He advises that motorists should look to their insurance company for cover in some cases or that they make provision by joining a “Fee Discount” scheme like his own “Trafficlawplan” He explained that after a particularly painful visit to his dentist he noticed a scheme called “Denplan” that would have reduced the pain of paying the dentist’s fee. He then decided to set up a similar scheme for legal fees in road traffic cases in Scotland.

Whatever you decide if you can ask questions on the cost of defending a speeding charge in Scotland or any other questions on all aspects of road traffic law scotland

Although there are many specialist speeding defences such as challenging the Vascar system and observing whether police procedures were correctly followed (among many others)… but this posts looks a special circumstances to avoid or substantially reduce any period of disqualification.

What Are The Special Reasons to avoid Disqualification?

Special reasons are applicable if you are convicted of a road traffic offence that has a penalty of mandatory disqualification, or compulsory endorsement. Though special reasons are not really a defence, they can noticeably scale back the sentence you receive.

Mandatory disqualification – Imposed for serious offences like dangerous driving or drink driving. – The court must disqualify for a period of at least twelve months ( more if you have got a similar prior conviction, or if the offence is especially heavy one ). – The court may shorten the period of disqualification or remove it altogether if it considers that there are special reasons to do so.

Obligatory endorsement – Imposed for a variety of offences, including speeding, employing a mobile telephone, not having insurance, as well as more major offences where disqualification may also be imposed. – The court may impose anything up to eleven penalty points. – If the court thinks that there are special reasons for doing so, they’re going to decide not to endorse your licence ( it can’t reduce the amount of points it imposes ).

Special reasons can only relate to the facts and circumstances of the offence itself, e.g. the explanation why it was committed.

Your private circumstances, for example the effect the disqualification / endorsement will have on you or others, or the incontrovertible fact that the offence was ”minor” ( for instance if you only just surpassed the speed limit ) don’t count as special reasons.

Examples of special reasons

Medical emergency if you can show that you committed the offence just because of a medical emergency, then this may amount to a special reason. However, the emergency must be bonafide and unforeseen. You may also show that you drove only as a final resort : you have to have exhausted all the other possibilities of solving the emergency, including contacting the emergency services. As an example, if a driver who lived in an agricultural area drove ( whilst over the legal limit ) to take his seriously sick child to hospital because no ambulance was available, then this would potentially amount to a special reason for not disqualifying.

Short distance

Whether the fact that you only drove for a short distance amounts to a special reason depends in general circumstances of the situation. The law is complicated in this area, but what’s clear is the distance must be really short indeed, and the court will fastidiously consider any danger that you posed to the general public.

Laced Drinks

For offences involving alcohol, it won’t be a special reason if you didn’t realize how much you drank. But if you do not know that you are consuming alcoholic drinks ( for instance, if you are served regular lagers when you asked for alcohol-free ones ), or you do not realize how alcoholic your drink is ( as an example, if somebody ’spiked’ your pint with shots of tequila ), then a special reason could be established if it was plain the unaffected drink would not have put you over the legal limit.

For more information on saving your licence or if you want to ask a specialist lawyer a question in confidence go here: Speeding Fines Scotland

Graham Walker

This is just of many speeding defences in Scotland that will be covered imminently in a series of blog posts

VASCAR Device not working properly?

A little bird recently whispered to me that the Vascar device used by  police forces all over Scotland, to detect speeding motorists, may have to be scrapped. The word on the street is that when the police were carrying out further tests on the devices down in England they discovered that their new fangled radio devices interfere with the readings.
This means that if you have a case pending where the method of detection was the Vascar then you have a better than average chance of beating the charge. Police would normally be expected to have their radio equipment switched on when on patrol in a speed detection unit therefore you can pretty well bet that the evidence that was obtained can be attacked on the grounds that the device is not reliable.
The VASCAR device has until recently been a device that did not require Home Office approval. It has been in use for about 30 years in Scotland but recent developments mean it has been integrated with what is described as the Police Pilot and PROVIDA system. Basically a handheld device and a video interface. I suspect the additional technology may have had something to do with the recent problems but who knows?
You can bet that we will investigate every case we have and make sure our defence expert is available to comment on the radio interference issue.
It may well be that appeals will require to be lodged in connection with cases where people have been convicted on the basis of this potentially, dodgy device.
For anyone who wants to discuss where to go with a VASCAR case please contact us by e mail or telephone and we will be happy to provide some FREE initial advice regarding your options.

We were the first firm in Scotland to  specialise exclusively in road traffic law. We are true road traffic law experts. Road Traffic Law is what we do every day….nothing else!

Graham Walker, has been practising criminal law in Scotland for more than 25 years. His experience can help win your case.

Please beware of copy cat firms who claim to have extensive experience. Our lawyers have over 30 years of experience in criminal defence work between them. Our team not only consists of lawyers but also essential support staff such as secretaries and investigation agents all of whom play an essential part in ensuring our success with your case. Our office is close to Glasgow city centre and meetings can be accommodated at short notice.

We have unique technical and legal databases that are constantly updated.

We are the only firm in the UK to be invited to visit the GATSO camera factory in the Netherlands

We frequently deal with high profile clients in delicate situations and we ensure that wherever possible we keep them OUT of the News.

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We have successfully defended drivers in courts throughout Scotland. We are in court EVERY day and have built up a considerable level of expertise that can be applied to save your licence.

More than 80% of our clients keep their driving licences in cases defended by us. (Independently Audited in 2008

You can ask a specialist lawyer a question in confidence here: Speeding Offence Scotland

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You can ask a specialist lawyer a question in confidence here: Speeding Offence Scotland