Speeding Offence Defence in Scotland
A speeding charge may appear straightforward, but there are often significant procedural and evidential grounds on which it can be challenged. Whether you have received a Fixed Penalty Notice, a Notice of Intended Prosecution, or a court summons, Charles Ferguson provides specialist speeding defence across Glasgow, Lanarkshire, and all of Scotland's Sheriff Courts. Protecting your licence begins with expert early advice.
Fixed Penalty vs Court — Many speeding cases are resolved by Fixed Penalty Notice, typically £100 and 3 penalty points. However, cases involving significantly excessive speeds, school or restricted zones, or repeat offending are referred to court and can result in greater penalties including disqualification. If you already hold 9 or more points, a further endorsement may push you to 12 and trigger an automatic 6-month totting-up ban. Understanding your options before accepting any penalty is essential.
Challenging Speed Evidence — A Notice of Intended Prosecution must be served on the registered keeper within 14 days of the alleged offence. Failure to comply with this requirement is a complete defence and we check this in every case. Speed cameras must also be correctly calibrated and operated to manufacturers' specifications. We examine calibration and maintenance records, the type and condition of detection equipment, and the accuracy of any officer's own speed assessment.
Protecting Your Licence — If a further endorsement would take your total to 12 or more points, you face an automatic 6-month disqualification unless exceptional hardship is demonstrated. Charles Ferguson provides expert advice and representation in exceptional hardship hearings, particularly for those whose employment depends on driving. Act early — the more preparation time available, the stronger your position in court.
Frequently Asked Questions
Answers to our most common questions.
What is the drink-driving limit in Scotland?
The limit in Scotland is lower than in England and Wales: 22 micrograms of alcohol per 100ml of breath (compared to 35mcg elsewhere in the UK). This often means a single drink can put you over the limit.
Can I get a Speed Awareness Course in Scotland?
No. Unlike England, Scotland does not offer Speed Awareness Courses. If you are caught speeding, you will usually face a fine and penalty points or a court summons for higher speeds.
What is an 'Exceptional Hardship' argument?
If you reach 12 penalty points, you face a mandatory 6-month ban (totting up). We can argue "Exceptional Hardship" to keep your licence if a ban would cause extreme suffering to others (e.g., family or employees).
Can I avoid a ban for drink-driving?
Drink-driving carries a mandatory minimum 12-month ban. However, in very rare cases, we can argue "Special Reasons" (e.g., spiked drinks or a very short distance driven) to move the court to refrain from banning you.
How do the points work for "New Drivers"?
If you are within the first two years of passing your test, your licence will be revoked by the DVLA if you accrue 6 or more points. You would then have to resit both your theory and practical tests.
What are the penalties for "Dangerous Driving" in Scotland?
Dangerous driving is a serious offence carrying a mandatory minimum 12-month ban and a requirement to sit an extended driving test. In the most serious cases, it can result in a prison sentence.