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

The speeding defence of a Dundee United Footballer as reported in the Daily Record: 14th May 2009 and how it applies to YOU:

Graham Walker

I am often asked if there is one law for the rich and one for the poor when it comes to speeding as my wealthy clients tend to “Get off” on technicalities whilst the rest of us “Get done”

I know it must seem like that to the general public however the truth is that my firm acts for all types of people and only the high profile clients tend to attract the attention of the newspapers. Often a great deal is done to avoid the cases gaining media attention but in this modern age you cannot really expect to keep a juicy little story hidden from the press.

These cases do not attract legal aid assistance they are always privately funded therefore it is an area where the majority of criminal law practitioners have limited experience. This gives my firm a distinct advantage when it comes to winning them!

Football in Scotland tends to be a relatively small group of people therefore my name tends to crop up in conversations between players for example Mr Feeney tells me that he had asked one of his friends at Manchester Utd who he would recommend to act for him in such a case and he was told that he should get in touch with us. From yesterday’s result you could see that he was glad he followed the advice.

Several firms now claim to have experience in this area and it is true that solicitors up and down the country are honing their skills in this area as they often see it as a way to supplement an ever dwindling Legal Aid income. My advice would be to telephone them and speak with their lawyers and get a detailed idea of what they can do for you and what they will charge THEN call us for advice or email us for a free online case consultation.

http://www.dailyrecord.co.uk/news/scottish-news/2009/05/14/football-ace-feeney-beats-speeding-rap-86908-21356607/