Speeding

Speeding is a motoring offence in the UK. As a leading cause of road accidents, speeding carries various penalties depending on how far over the speed limit you were travelling and whether you committed other offences, such as drink or drug driving, at the same time. When you wish to challenge a speeding ticket and possibly even avoid a driving ban, you need a speeding offence solicitor to present a compelling defence and provide legal advice.

What Is Speeding?

Exceeding the statutory or posted speed limit is an offence under Section 89 of the Road Traffic Regulation Act 1984. As stated in the Highway Code, speed limits are legal maximums rather than targets and vary by vehicle and road type.

What Happens When You Are Given a Speeding Ticket?

When you are found to have been speeding, one of the following will happen:

Speed Awareness Course

If you have no active points on your licence or this is your first motoring offence, the police may invite you to complete a speed awareness course under the National Driver Offender Retraining Scheme. You receive neither a fine nor licence points if you agree to attend.

Fixed Penalty Notice (FPN)

You will either be issued a Fixed Penalty Notice (FPN) by the police at the roadside or receive a Notice of Intention to Prosecute (NIP) within 14 days. At this point, you can either admit to the offence and respond to the FPN or challenge the ticket and seek UK court representation for speeding.

Court Summons

If you challenge or ignore the ticket or the police deem the speeding a more serious offence, you will be summoned to the Magistrates’ Court, where you are expected to present your defence. At this stage, instructing an experienced speeding ticket solicitor is crucial.

Penalties for Speeding Offences

The minimum penalty for speeding, if you plead guilty in response to the FPN, is a £100 fine and 3 licence points. Accumulating too many points can jeopardise your licence and your freedom to drive. It is important to always know how many you have and to keep from driving carelessly or dangerously to avoid totting up points. Such consequences could include:

• If you accumulate 12 or more points within 3 years, you could be disqualified from driving.
• If you accumulate 6 or more points within 2 years of passing your driving test, your licence could be revoked.

If you plead not guilty but are found guilty in court, you could receive a higher fine and up to 6 licence points. The fine depends on the speed limit and how far over you were, and is usually a percentage of your weekly income, up to a maximum of £1,000 (£2,500 on a motorway). You could also be disqualified from driving or have your licence suspended.

Defences for Speeding Allegations

To present a robust defence and stand the best chance of avoiding a conviction, you need solicitors specialising in speeding offences. When you choose Newtons Solicitors, you can expect a highly strategic approach to your defence, which may involve arguing:

Lack of evidence

This defence involves highlighting that the prosecution’s evidence is incomplete, flawed or fails to prove beyond a reasonable doubt that speeding occurred. Alternatively, the police may have failed to serve a NIP to the registered keeper within the mandatory 14-day window.

Inadequate signage

By law, speed limits must be posted clearly in accordance with strict statutory guidelines. If the required speed limit signs are missing, obscured by overgrown trees or incorrectly placed, you cannot be held legally responsible for failing to follow the limit.

No evidence of driving

The prosecution may fail to charge you with speeding if they cannot prove that you were behind the wheel at the time of the offence. If they lack clear photographic proof that you were driving, the case may be dismissed.

Duress

You may have been forced to speed to avoid immediate death or serious injury to yourself or others. As the driver, you must prove that the threat was imminent and that any reasonable person would have felt they had no choice but to speed in the situation.

Calibration

Speed detection devices, including mobile laser guns and fixed cameras, must be calibrated and tested regularly. If your solicitor for speeding offences can show that a device’s calibration certificate had expired or that the police officer failed to check their laser gun, the speed reading can be ruled unreliable in court.

Legal Advice for Speeding Offences

Whether you are challenging a speeding ticket, trying to avoid a totting up ban or needing defence in court, Newtons are here to support you. As experienced solicitors for speeding offences, we will provide clear and confidential legal advice to manage and mitigate your case. To speak with our specialist team, please use our contact form to request a response or arrange a consultation at your nearest office today.

Speeding FAQs