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Speeding prosecutions and threshold


DrO
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Dear members

The ACPO guidelines for speeding prosecutions set out the minimum figures at which a Fixed Penalty Notice would normally be considered appropriate for a speeding offence, if there are no other aggravating circumstances.

For instance: in a speed limit of 30 mph, the speed for a fixed penalty with 6 points would be 35mph.

my question is:

What happens if I am driving at 32 speed, and I am detected by a Speed camera?

Can we drive under that threshold with the peace of mind that we a re going not to get a fixed penalty? (it is not my intention to drive above the limit, it is just in case that I am distracted for example)

I would appreciate your support

DrO

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I have heard of a a few people lately claiming to have been pulled for speeding at less than the ACPO guideline figure. I only have their word on that though so cannot confirm whether they are just being a little sparing with the truth or whether the speed camera vans are being allowed to lower the prosecution value.

 

I was speaking to a part time magistrate this week who did seem to confirm that he is being asked to sit on cases where the speed over the limit is somewhat minor and his only course of action is to uphold the letter of the law and find the defendant guilty, but be leniant with the fine and even not award any penalty points on the licence which is within their authority to do.

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There is the defence in court called 'de minimis'.

 

2mph over the speed limit could be deemed so minor that it is not worth bothering with and the breadth of doubt between the camera equipment and the fact 2 mph is probably 2mm on your speedo could make it possible that the case could be dismissed.

 

De minimis - Wikipedia, the free encyclopedia

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