What to do if you get a speeding ticket?
Luckily, if you have been caught out, there is a simple excuse that you can use to get off a speeding ticket.
Of course, in order to use this excuse it will have to be true as to the reason that you were speeding. However, it is not commonly used as not many drivers are aware that it can be used for the court to agree that that there is special reason for not enforcing the fine or points.
What is the excuse?
The special reason for excusing a speeding ticket is based on someone tailgating the offending driver, and them therefore speeding up briefly in order to get out of the way of a potentially dangerous situation.
This special reason would only be considered following a guilty plea, as part of the sentencing, which empowers the magistrates not to give penalty points or discretionary disqualification.
If you do want to use this excuse as the reason for your speeding offence, you will need to convince the court that your only option to avoid the dangerous situation was to put your foot down.
Special reasons argument
A special reasons argument is like a mini trial in relation to sentencing. The defence or prosecution can present evidence in court to convince the magistrates that they have a special reason for not being given the minimum penalty. This is either a fine or three points on your license.
There are specific parts of the law that a lawyer would need to refer back to, but this excuse could be used by any driver who believes they have a good reason for not being given the minimum penalty.
There is no set criteria for what constitutes as a special reasons argument, so it will be up to you to convince the court that your circumstances are indeed special and warrant their consideration. If they agree, then you will get off with either a fine or points on your license.
What is tailgating?
Tailgating is when a driver follows too closely behind another car, putting themselves and other road users at risk. It can be interpreted as aggressive driving or simply the result of not paying attention while driving.
It is important to note that tailgating can sometimes also be done by cyclists.
Tailgating can feel very threatening as a driver. It is much more likely to cause the car doing the tailgating to hit into the back of you, as they are not giving themselves enough braking time if you were to have to perform an emergency stop.
How to prove speeding was your only option
If you are to use this excuse, you will have to prove that you weren't able to just pull into another lane to avoid the tailgater. This special reason isn't put into place to allow drivers to speed up at any sign of another vehicle.
The special reason allows the court to acknowledge just how intimidating tailgating can be. Therefore, it is considered reasonable that in some cases a driver may need to break the speed limit in order to move out of the way of a tailgater and avoid a serious accident.
As tailgating has been on the rise in recent years, understanding of the threat it can cause to drivers within the legal system has increased.
Where to get help if you get a speeding ticket?
If you have had a speeding ticket and believe that the special reason of tailgating could be used to help you avoid getting points or losing your license, it is crucial to speak to a solicitor.
A great place to speak to is 1 Motoring Solicitors, who will be be able to provide you with further information and the help you need. They offer a fixed fee service in defending speeding allegations or mitigating against the imposition of a driving ban for speeding.
