De Criminalise Speeding Now!

Speeding in Scotland is a contentious issue with hot debate and opinion raging in the tabloids on an almost daily basis.
I was recently contacted by a production team at the BBC who are about to embark on the production of a 6 part series about the roads in GB and the more recent impact of speed cameras and the "Big Brother" State that we now live in. Some interesting questions were raised regarding the whole issue of how speed violations are prosecuted in Scotland and whether we could learn anything from our European neighbours regarding same.

The clear majority of those who leave messages on our website, about speeding in Scotland or who ask a lawyer about speed cameras think that speed cameras were really hitting the wrong people. This is something that I have been banging on about for years. Do we want a society where a large section is criminalised (Criminal record) just because they drift through a GATSO speed trap or drive past the dreaded "Talivan" on their way home from a long stressful day?

This is crazy, we end up having decent working people getting hammered with points, insurance hikes and even more importantly a criminal record- that they have to declare on all their disclosure forms. I had one distressed client call me (On our FREE helpline) recently to clarify whether she would have to disclose that she had a criminal record as she had just been convicted of 41mph in a 30mph zone. The answer was YES! Her reaction was genuine distress and upset together with the resolution that she would no longer help out at her kids school because she couldn't bare to fill in the disclosure form and admit that she now had a criminal record. No matter how much it was explained that "No one really regarded this as a criminal record, in the real world. She was resolute that she would try and keep her, "little secret" hidden!) If she had chosen to accept the fixed penalty she could have quietly accepted the points and the fine and skulked off to a corner but she believed that the camera was wrong and ultimately was punished for having the audacity to challenge the ticket by way of a trial.If you have a question about your own case please go online and use our FREE ask a lawyer form.

Here we have a decent member of our society, doing her bit to make her local school a better place for all the kids and now they are deprived because of a stupid blunderbuss approach to the problem of speeding. She mentioned that she was from Holland were this type of offence is dealt with by a simple police fine with no penalty points and re course to the penalty points system. I had heard of this from no other than the Director of the GATSO factory when I had taken my staff over for a factory visit last year!He had pointed out that -per head of population the Dutch have more speeding tickets issued to them than the Scots but that it wasn't regarded as a big deal because you did not get points on your licence. unless the speed was grossly excessive and there was no subsequent hit on your insurance premiums. Politically therefore there was less pressure to ban or reduce the use of cameras in his country. The stats that they produced showed clearly that the use of cameras showed a mark reduction in accidents after their installation. (I didn't expect him to show me stats that show speed cameras are a waste of money) He told us that the average GATSO costs around £45,000 to install. I couldn't help but wonder if a metal box with a flash unit would have had the same effect on the statistics for accidents and perhaps the tens of thousands could be used to improve the road!
As a specialist solicitor who is dependent upon the continued prosecution of drivers it can seem strange to call for a reduction in the use of cameras but I think that it's time to reduce the proliferation of this "one solution to fix all" and time to re think the problem. The statistics also show that cameras are now having a reduced impact-Otherwise we would have NO accidents as there are now so many of the things all over the place!
Instead of de-criminalising speeding in Scotland we have some Sheriffs who actively consider forfeiture of drivers vehicles in speeding and Dangerous Driving cases!
I recently read that over in Canada Manitoba and Ontario are presently taking cars from people who have more than one conviction for a drink drive related offence and giving the car to a local community scheme for their use. In relation to persistent drink drivers this may well be a perfectly laudable scheme but I cannot for a minute consider that forfeiture of a =car in a speeding offence provides a proportionate and just sentence.