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Speeding Offences


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Speeding Offences in Scotland – Expert Defence Solicitors

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Caught Speeding in Scotland? Facing Points, Fines or a Driving Ban?

Protect Your Licence with Scotland’s Leading Road Traffic Defence Lawyers

Speeding Offence Charges Explained

Speeding may seem like a routine matter, but the consequences can be serious. Whether you’ve been caught exceeding the speed limit by a small margin or face allegations of driving at excessive speeds, the penalties can impact your licence, employment, and insurance costs.

At Graham Walker Solicitors, we have decades of experience defending drivers charged with speeding across Scotland. We know how to challenge the evidence, reduce penalties, and keep you on the road.

What Are the Penalties for Speeding in Scotland?

The penalties you face will depend on the speed recorded, location, and whether you have existing penalty points:

Fixed Penalty Notice (FPN)

  • £100 fine
  • 3 penalty points

For lower-level offences, most cases are handled by way of a fixed penalty with the above ramifications. 

Cited Cases 

You may be cited to court if:

  • You were recorded at a very high speed
  • You have previous convictions or points
  • You failed to accept an FPN or provide driver details
  • Or if you are liable to tot up (reach 12 or more points if convicted)

Possible penalties include:

  • Fine up to £1,000 (or £2,500 on motorways)
  • 3-6 penalty points
  • Short term disqualification in lieu of points (7-56 days)
  • Discretionary driving disqualification (typically 6 months but this depends on the speed)
  • Totting-up ban if 12 or more points accrued

Risk of Disqualification of Totting-up Explained 

If you accumulate 12 or more points within a 3-year period, you face an automatic minimum 6-month disqualification under the totting-up system.

However, this is not inevitable.

We are specialists in preparing and presenting Exceptional Hardship Arguments, allowing clients to argue that losing their licence would cause serious hardship to themselves or others (for example, loss of employment, impact on dependants, or business harm).

How do we defend speeding charges?

No two cases are the same. Our defence strategies include:

Challenging Speed Camera Evidence

Speed cameras, both fixed and mobile, must be operated lawfully and properly calibrated. We scrutinise:

  • Calibration records & certificates
  • Correct operation of devices 
  • Officer training and authorisation for handheld or mobile units

Signage & Road Layout Issues

All speed limit signage must comply with legal requirements. Missing, obscured, or inadequate signage may invalidate the charge.

Police Procedure 

  • You were correctly cautioned
  • The Notice of Intended Prosecution (NIP) was served within the required 14 days
  • The Section 172 request for driver details was handled correctly

Special Reasons Arguments

 

In rare cases, we can argue that while speeding occurred, there were special reasons not to impose points or a ban—such as:

  • Medical emergencies
  • Momentary mechanical issues
  • Other extraordinary circumstances

Professional Drivers – Protecting Your Career

We regularly represent:

  • Taxi drivers
  • HGV & PSV operators
  • Company car drivers
  • Delivery drivers & couriers

For professional drivers, even a few points can have devastating employment consequences. We are experts in defending those who rely on their licence for their livelihood.

What Should You Do After Receiving a Speeding Charge?

Time is critical:

  • Responding incorrectly to a Notice of Intended Prosecution (NIP) or failing to provide driver details can lead to further offences.
  • Delaying may reduce your ability to challenge evidence or present a strong defence, for example by obtaining video evidence which may be overwritten or identifying import witnesses.

Contact Graham Walker Solicitors immediately for expert, no-nonsense advice.

Why Choose Graham Walker Solicitors for Speeding Offence Defence?

  • Specialists in Scottish Road Traffic Law – We focus on road traffic defence and know how to dissect the prosecution’s case.

  • Proven Record of Success – From minor speeding allegations to high-speed, high-stakes cases, our results speak for themselves.

  • Exceptional Hardship & Special Reasons Expertise – Our advocacy has saved countless clients from disqualification.

  • Clear, Practical Advice – We’ll give you honest, straightforward guidance from the start.

FAQ

FAQ


What are the penalties for speeding in Scotland?

Penalties vary depending on the speed involved and your driving history:

  • Fixed Penalty Notice (FPN): £100 fine and 3 penalty points.
  • Court Citation: If the speed is excessive or you already have points, the case may go to court. Penalties can include:
    • Fine up to £1,000 (£2,500 on motorways)
    • 3 to 6 penalty points
    • Discretionary driving disqualification
    • Totting-up ban if your total points reach 12 or more

The higher your speed, the greater the risk of immediate disqualification, especially if exceeding 100mph.

Will I be banned for speeding over 100mph?

A ban is not automatic, but driving over 100mph significantly increases the likelihood of a short-term discretionary disqualification (typically 7-56 days), especially on motorways.

However, courts have discretion and will consider:

  • Previous driving record
  • Circumstances of the offence
  • Mitigating factors (employment, dependants, etc.)

We are highly experienced in presenting arguments to minimise the chance of a ban in these cases.

What is a ‘Totting-Up’ disqualification?

If you accrue 12 or more penalty points within 3 years, you face an automatic driving ban of at least 6 months under the totting-up system.

However, you may avoid disqualification by successfully arguing exceptional hardship. This requires demonstrating serious consequences such as:

  • Loss of employment
  • Financial hardship affecting dependants
  • Impact on vulnerable family members or business

We are specialists in preparing detailed exceptional hardship arguments.

Can I challenge the accuracy of speed cameras or police devices?

Yes. Speed detection devices must be operated correctly, calibrated regularly, and comply with strict legal procedures. Common grounds for challenge include:

  • Missing or invalid calibration certificates
  • Incorrect operation by officers
  • Environmental factors impacting readings (weather, reflections)
  • Faulty signage or unclear road markings

We regularly scrutinise all aspects of camera and device evidence and have successfully challenged cases on these grounds.

I received a Notice of Intended Prosecution (NIP) – what should I do?

You typically receive an NIP within 14 days of the alleged offence. It is often accompanied by a Section 172 Notice, requiring you to confirm who was driving.

You must respond within 28 days. Failure to do so can lead to a separate offence (“failure to furnish”), carrying 6 points and a fine.

Contact us immediately for advice before responding. We can guide you on how best to handle the paperwork and assess your defence options early.

Can I avoid points or a ban by claiming special reasons?

In specific, rare circumstances, you may admit speeding but argue special reasons why points or disqualification should not be imposed. Examples include:

  • Medical emergencies
  • Momentary vehicle defects
  • Other extraordinary situations beyond your control

These arguments require detailed preparation and supporting evidence—something we are highly experienced in presenting effectively.

How will a speeding conviction affect my insurance?

Any conviction for speeding can lead to increased insurance premiums. More severe offences (e.g., speeding bans, high speeds) result in higher risk assessments by insurers, meaning premiums may rise substantially for several years.

By minimising penalties or avoiding conviction, we can help reduce long-term insurance costs.

I am a professional driver. Can you help protect my licence?

Yes. We have extensive experience defending:

  • Taxi drivers
  • HGV & PSV licence holders
  • Company car drivers
  • Delivery & courier drivers

We understand how crucial your licence is to your career. Whether arguing for reduced penalties, avoiding bans, or presenting exceptional hardship applications, we are committed to protecting professional drivers.

Protect Your Licence. Protect Your Career. Let Us Fight Your Corner.

Why Choose Us?

Together, we have over 100 years of experience successfully defending clients accused of criminal offences throughout Scotland. We enjoy a stellar reputation as highly-regarded solicitors and will do everything in our power to ensure that you get the best result possible.

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