Speeding Fines and Your Basic Motorist Rights
Speeding Fines and Your Basic Motorist Rights
When it comes to motor vehicle issues, it is speeding fines that end up being largely debated. After all, no one wants to get a fine for speeding. Most people end up speeding at some point, although they don’t anticipate getting caught. Inevitably though, some get caught for speeding and end up with a fine or being prosecuted. There is a lot of contention surrounding speeding and the fines that come with it. However, if you do happen to get fined, it is important that you know the rights that you have as a motorist. Knowing these rights can help you to know when it is worth it to fight speeding fines, it can let you know what consequences you may be facing, and a whole lot more. So, here is a look at the rights you have and some of the issues that may surrounding speeding and the fines and other consequences that can come along with it.
What the Police Can Do
First of all, you may be wondering what the police are able to do to you. Whether you are caught going over the speed limit by the police or one of the many speed cameras around, there are several things that can be done to you. First of all, they can give you a warning verbally. This doesn’t go on your record and if you get this you get off pretty easy. They also can ask you to go to a course on speed awareness. If you have to do this, you’ll be the one paying for the course. The is a Fixed Penalty Notice that they can give you as well. This is essentially a speeding ticket, and the speeding fines on them are usually 60 pounds and you’ll get 3 points against your license. Last of all, police can actually prosecute you for breaking the speed limit as well. If this occurs you will end up going to court and the fines can end up being quite large. You can receive 3-6 points against you and in some cases may lose the ability to drive a vehicle for some time.
Will They Prosecute You?
So the question is, are you just going to get speeding fines for speeding, or will the police actually prosecute you? Well this can definitely depend on the circumstances surrounding the problem. Usually this is based on the amount over the speed limit you were going when you were caught speeding. While the officer involved can use their own discretion in many cases, there are suggestions by the Association of Chief Police Officers as to when they should prosecute. Usually to get a speeding ticket, you have to be doing at least 5 over the post speed, and for prosecution this usually will have to be 10 over, or higher in many cases. So, more than likely you will not face prosecution unless you are seriously violating the speed limit.
What Occurs if You Get Caught
Wondering what can happen if you get caught and you are speeding. Well, if you are speeding, more than likely you are going to get a Notice of Intended Prosecution. This will include all the details of what you have done. It also includes a notice that is known as the Section 172 notice. With this notice you must respond back to let them know who the person was that was driving when this speeding offense happened. If you don’t take care of this, you could get another fine. However, if you are actually stopped for going over the speed limit, you can be given warning of prosecution verbally by the officer involved.
When the Ticket Must Be Issued
When you are caught speeding, usually the NIP, or Notice of Intended Prosecution, must be served to you within two weeks of when the problem occurred. However, there are some cases when it can be longer. If you were the one causing the delay, they have a longer time. Also, if they had to do reasonable diligence, it may take longer and this is permissible in this case.
What to Do if You Get a Speeding Fines
If you get speeding fines, you may be wondering what you can do. Well, the first choice that you have is to pay the fine that you were given and take the points against your license that come along with it. However, if you think that the speeding fines and ticket are unfair or incorrect, then you can go on to court to challenge charge that is against you. Remember, when you do decide to take the charge to court, all they have to do is prove that you did indeed speed. They will not care whether you didn’t mean to speed or any other circumstances. You will still get the speeding fines if it can be proven that you were the one that did it.
Prosecution in Speeding Court
In some cases you may get more than just speeding fines. If you have a lot of points against you already or you were breaking the speed limit by a large amount, you can be prosecuted by the police. If this occurs, you’ll be summoned to court. They have as long as six months to start the court proceedings as well, so this may be something that is going on in your life for some time. Although it is important to know your rights and what can occur, it is definitely best to avoid speeding, which will help you to avoid those fines that come with it.
