Best Speeding & Traffic Ticket Lawyers in Aberdeen

About Speeding & Traffic Ticket Law in Aberdeen, United Kingdom

Speeding and traffic ticket law in Aberdeen sits within the law of Scotland and applies across the city, Aberdeenshire, and the wider North East. Most minor motoring offences are dealt with on a summary basis and are prosecuted by the Procurator Fiscal. Day to day, drivers encounter fixed penalty notices, conditional offers of fixed penalty, and court citations for alleged offences such as speeding, red light contraventions, mobile phone use while driving, and careless driving. Enforcement is carried out by Police Scotland and the Scottish Safety Camera Programme using fixed, mobile, and average speed camera systems, as well as officer operated devices.

While many cases can be resolved by accepting a fixed penalty, others progress to the Aberdeen Justice of the Peace Court for less serious matters or the Sheriff Court for more serious allegations or contested cases. Penalties range from fines and penalty points to discretionary disqualification for higher end speeding or repeat offending. Scottish procedure has important differences from England and Wales, so local advice is valuable if you are unsure how to respond.

Why You May Need a Lawyer

A lawyer can help when the alleged speed is high, when you already have points and face a totting up disqualification, or when you depend on your licence for work or caring responsibilities. Representation is also helpful if you believe the allegation is wrong due to identity of the driver, signage problems, or device accuracy issues. Legal advice is important if you receive a court citation, if you are a new driver within two years of passing your first test, or if you are accused of a separate offence such as failing to identify the driver. A solicitor can identify defences, manage deadlines, negotiate with the Procurator Fiscal, prepare mitigation, and present arguments such as exceptional hardship to try to avoid or reduce a ban.

Local Laws Overview

Core legislation includes the Road Traffic Regulation Act 1984, the Road Traffic Act 1988, and the Road Traffic Offenders Act 1988. In Scotland most lower level motoring cases are summary prosecutions. Many allegations begin with a Notice of Intended Prosecution and a requirement to identify the driver under section 172 of the Road Traffic Act 1988. The first notice is generally required to reach the registered keeper within 14 days. The keeper must respond to the driver identity request within the stated time limit, usually 28 days. Failure to do so is a separate offence that carries 6 points and a fine, which can be more serious than the original speeding allegation.

Speed limits in Aberdeen follow national rules. Unless signs say otherwise the limit is 30 mph in built up areas. Many residential and city centre streets are set at 20 mph by Aberdeen City Council. The national speed limit for cars is 60 mph on single carriageways and 70 mph on dual carriageways and motorways. Lower limits apply to vehicles that are towing or are larger or heavier. Temporary limits can be imposed by lawful traffic orders and must be properly signed.

Fixed penalties for lower level speeding are usually £100 and 3 points. If a case goes to court the fine can be higher, up to £1000 on non motorways and up to £2500 on motorways, with 3-6 points or a discretionary disqualification for higher speeds or aggravating features. There is no automatic right to a speed awareness course in Scotland. Conditional offers of fixed penalty normally require you to accept within 28 days. If you do not accept, or the speed is too high for a fixed penalty, the case can be referred to the Procurator Fiscal for court.

Penalty points are endorsed for most offences. For speeding they are valid for totting up purposes for 3 years and remain on the driving record for 4 years. Accumulating 12 or more points within a 3 year period triggers a minimum 6 month totting up disqualification unless the court accepts exceptional hardship. New drivers within 2 years of passing their first test face revocation of their licence by the DVLA if they reach 6 points, which means they must reapply for a provisional licence and retake tests.

Evidence can come from officer observation, approved speed measurement devices, and safety cameras. Defences can arise from identification issues, non compliant or missing signage, device operation or calibration problems, or an invalid or confusing temporary traffic order. Genuine emergencies rarely provide a full defence, but in some limited circumstances they may amount to special reasons not to endorse, which can avoid points while still resulting in a finding that the offence occurred.

Time limits matter. In Scotland summary proceedings must be commenced within 6 months of the offence, typically by service of a complaint or citation. Court procedure usually involves a pleading diet, an intermediate diet if you plead not guilty, and a trial diet. You can often plead guilty by letter with written mitigation for minor offences, but in person advocacy can make a difference where disqualification is possible.

Frequently Asked Questions

What happens after I receive a Notice of Intended Prosecution in Aberdeen

You will usually receive a combined notice and a section 172 request to identify the driver. You must respond within the stated period, normally 28 days. If you admit being the driver, you may receive a conditional offer of fixed penalty or a court citation depending on the seriousness. Ignoring the notice can lead to a separate offence with 6 points and a higher fine.

Are speed awareness courses available in Scotland

No. Unlike much of England and Wales, Scotland generally does not offer speed awareness courses. If you are eligible, you will usually be offered a fixed penalty of £100 and 3 points. More serious cases are prosecuted in court.

How many points and what fine can I get for speeding

A fixed penalty is typically £100 and 3 points. In court the range is 3-6 points and a fine that can exceed the fixed penalty. Very high speeds can lead to a short discretionary disqualification. On motorways the maximum fine can be higher. The court looks at speed, conditions, and your record.

What if I need my licence for work

Needing a licence is not a defence, but it can be relevant to sentence. If you face a totting up ban you can argue exceptional hardship. This requires detailed evidence and is not guaranteed. A solicitor can help prepare employer letters, schedules, and financial information to support the argument.

Can I challenge the speed camera reading

Yes, but you will need a sound basis. Challenges often focus on signage compliance, device approval and calibration, correct operation by trained officers, correct siting of mobile units, or average speed camera calculations. You can request disclosure after a not guilty plea. Expert evidence may be required.

Do I have to tell my insurer about points

Check your policy wording. Most insurers require disclosure at renewal or immediately after conviction or fixed penalty acceptance. Failure to disclose can invalidate cover. Endorsements remain on record for 4 years, with totting up relevance for 3 years.

What if I was not driving when the ticket was issued

You must complete the section 172 form identifying the driver if you know who it was. If you genuinely do not know, you must show that you exercised reasonable diligence to find out. Companies must have systems to identify drivers. Failing to name the driver without a reasonable excuse is a separate 6 point offence.

Do temporary speed limits have to be signed

Yes. Temporary or road works limits must be created by a valid traffic order and must be adequately and lawfully signed. If signs were missing, obscured, or misleading, that can support a defence or at least mitigation. Photographs and details from the time can be important.

Will legal aid cover my speeding case

Legal aid in Scotland is means tested and depends on the nature and seriousness of the case. Routine speeding cases are not always eligible. In some circumstances Assistance by Way of Representation may be available. A local solicitor can assess eligibility quickly.

What should I do if I get a court citation

Read it carefully, note the pleading diet date, and seek legal advice promptly. Decide whether to plead guilty with mitigation or not guilty. Missing deadlines can result in a warrant. If disqualification is possible, in person representation is strongly advised.

Additional Resources

Police Scotland Road Policing for enforcement and guidance. Scottish Safety Camera Programme for information about camera sites and policies. Crown Office and Procurator Fiscal Service for prosecution and disclosure guidance. Scottish Courts and Tribunals Service for court locations and procedure. Aberdeen City Council for local traffic orders and 20 mph zones. DVLA for licensing, points, and revocation rules. Citizens Advice Scotland for free general guidance. Law Society of Scotland to find a local solicitor. Scottish Legal Aid Board for information about eligibility and funding.

Next Steps

Do not ignore any notice or citation. Record all deadlines immediately. If you receive a section 172 request, complete it accurately within the time limit. Gather relevant documents such as the notice, photographs of signs and the location, dashcam footage, calibration or service documents if you have been provided with them, and any evidence of how a ban would affect dependants or employment. Contact a Scottish motoring solicitor based in or near Aberdeen to review your options. Discuss whether to accept a conditional offer, plead guilty with mitigation, or contest the allegation. If an exceptional hardship argument may be needed, start collecting supporting evidence early. Keep copies of everything you send and receive, and make sure the DVLA has your correct address so that you do not miss important correspondence.