Speeding Offences

I was caught speeding just over 70 mph on a dual carriageway. I did not spot the reduced speed limit in respect of road works as it was late at night and no obvious work was taking place. Will I still be banned as it is usually a 70 mph zone? 

If a reduced speed limit is in place, it will be effective regardless of whether work is being carried out or not.  The punishment will depend upon the amount of the excess speed and the circumstances at the time of the offence so if you can prove that no other party was affected by the error, the Court may be more lenient than an offence at the same speed if there were workmen in the vicinity.

I was stopped by the Police for speeding. I explained that I desperately needed the toilet and I was simply trying to make progress so I could reach the services. The Police said my “excuse” was not good enough and it would be up to the Court to decide the appropriate punishment. Will the Court have sympathy in my case?

Known as the “Alex Ferguson” defence, this is an explanation that some Courts will accept as “special reasons”.  Whilst the offence is committed, if special reasons are established, no punishment will be imposed.  In order to be successful on this argument, you have to show that it was an emergency and the action you took in all the circumstances was reasonable. Consequently, rushing to a service station 1 mile away may be acceptable.  Speeding at 110 mph to get home 20 miles away, will not be.  Each case depends entirely on its own merits and to some degree, whether the Court believe your explanation.  It is a technical argument which would normally need specialist advice.

I have received a Summons to attend Court for a speeding offence. There is a typing error on the Summons as it incorrectly quotes the date of the offence as the date of the Summons! Can I plead not guilty and get the case thrown out of Court due to a technical error/technicality?

Your case will not be dismissed on this basis.  There is a “slip rule” that allows errors to be corrected at Court immediately prior to the hearing commencing. In order for the case to be dismissed on such a technicality, you would need to show that the error is of such a fundamental nature, that you are genuinely unaware of the basis of the allegation and thus cannot prepare a defence. If you know exactly what the case relates to (which must be the scenario or you would not know that the date is wrong) the Court will allow the amendment on the basis that you are not prejudiced.