Speeding Offences Solicitors

Have you been caught speeding?

Free Initial Consultation – 0115 910 6239

With fixed and variable speed cameras it’s very easy for motorists to get caught and penalty points can soon add up. It puts you at risk of losing your licence and a large fine.

Keep Me On The Road Speeding lawyers can help if you have been caught speeding. Our dedicated team look after motorists across the country – get in touch today for a free initial consultation.

Speeding points and fines

Fines for speeding offences can be as high as £2,500 including 3-6 penalty points and you can also be disqualified from driving. So it’s important that you seek legal advice at the earliest opportunity.

Example offences and penalty points include:

  • exceeding goods vehicle speed limits; 3-6 points
  • exceeding the speed limit for the type of vehicle (excludes goods or passenger vehicles); 3-6 points
  • exceeding the statutory speed limit on a public road; 3-6 points
  • exceeding passenger vehicle speed limit; 3-6 points
  • exceeding the speed limit on a motorway; 3-6 points

Been caught speeding?

  • You can receive a Notice of Intended Prosecution or ‘NIP’ in the post
  • You can be stopped by the police and may receive a fixed penalty (speeding ticket) or be informed that you will need to report to court for a summons

Please note, with high speed offences, you will receive a summons or postal requisition to attend court and they will look to disqualify you from driving. Seek advice at the earliest opportunity to keep your licence intact.

Our expert team have excellent success rates and can help you protect your licence and advise on the best course of action depending on the speed you were travelling.  We can also put specialist defences before the court relating to signage and the science behind speed cameras.

For more information contact our speeding offence solicitors on 0115 910 6239.

We offer a nationwide service.

What is speeding?

Speeding is when a motorised vehicle is operated above a posted speed limit.

The offence of speeding originally dates back to the Locomotive Act 1861. This law imposed a 10 mph limit on open roads and a 5mph limit on roads in inhabited areas.

Originally, speeding was introduced to limit the damage to roads. This is because old steam road locomotives, some weighing up to 14 tons, allegedly damaged road surfaces.

The Locomotive Acts, and subsequent Road Traffic Acts, have periodically adjusted the speed limits based on both evidence and social pressures. Between the years 1930 and 1934 speed limits were abolished in the UK. As a result of this, over 7,343 deaths and 231,603 injuries were recorded in one year. Speed limits were reimposed in the Road Traffic Act of 1934 and have remained ever since.

The limits for speed are based on two different factors. The type of road being use and the type of vehicle being operated. As well as nationally set speed limits, Local Authorities can also set their own speed limits. For example, having 20mph areas around schools.

Speed limits are usually set based on the type of road and other road users. For example, the 30mph speed limit in built-up areas is fixed because if a pedestrian is hit at just 10mph more, they are 4 times more likely to die.

Speed limits in the UK

The UK has different speed limits depending on road type and vehicle type.

UK speed limits for cars, motorbikes, and car-derived vans weighing up to two tonnes fully laden:

  • Built up areas: 30mph*
  • Single carriageway: 60mph
  • Dual carriageway: 70mph
  • Motorway: 70mph

UK speed limits for a car with a trailer:

  • Built up areas: 30mph*
  • Single carriageway: 50mph
  • Dual carriageway: 60mph
  • Motorway: 60mph

UK speed limits for buses, coaches and minibuses up to 12 metres long and goods vehicles weighing up to 7.5 tonnes:

  • Built up areas: 30mph*
  • Single carriageway: 50mph
  • Dual carriageway: 60mph
  • Motorway: 70mph

UK speed limits for goods vehicles over 7.5 tonnes in England and Wales:

  • Built up areas: 30mph*
  • Single carriageway: 50mph
  • Dual carriageway: 60mph
  • Motorway: 60mph

UK speed limits for goods vehicles over 7.5 tonnes in Scotland:

  • Built up areas: 30mph*
  • Single carriageway: 40mph
  • Dual carriageway: 50mph
  • Motorway: 60mph

*Note: for built up areas in Wales, the speed limit is 20mph.

Is speeding a crime?

Operating a vehicle above the speed limit is a driving offence in the UK. However, it is not necessarily or automatically a criminal offence.

If you are offered a Fixed Penalty Notice and pay it within 28 days of the offence, it will not be recorded as a criminal offence.

If you decide not to pay the Fixed Penalty Notice within 28 days and accept the 3 penalty points on your license, or don’t attend a speed awareness course, then it will be classed as a criminal offence. Similarly, if you decide to go to court and are found guilty, it will be recorded as a criminal offence.

Remember, a criminal offence could impact your career choices, particularly if you are a professional such as a doctor. In some situations, it may be worth weighing up the consequences before going to trial. For independent legal advice, speak to our team.

If you have been caught speeding multiple times and now have 12 points on your licence, then you will be automatically banned from driving for a minimum of six months.

This is a process called totting-up. If you pay your speeding fine for this offence, then you will not receive a criminal record even though you have a driving ban. However, you may receive a criminal record if there were other offences committed during your speeding or if you continue to drive after being disqualified.

Reasons for challenging a speeding ticket

There are reasons that you could challenge a speeding ticket. Common reasons for challenging them include:

  • you were not the driver of the car
  • the speed limit sign was missing
  • the speed limit sign was incorrect or not visible
  • the car was stolen

It is also important to know what reasons cannot be used to challenge a speeding ticket. Clerical errors like typing mistakes or misspellings on the Notice of Intended Prosecution and not being aware you were speeding, cannot be used for defence.

How do the police know I have been speeding?

There are a few ways that may be used to spot speeding offences.

  • Static speed cameras – these are set up against the road and designed to capture your speed as your drive past
  • ‘Hand-held’ speed cameras – set up at points by the police to measure your speed as you drive past
  • Follow on checks – where a police officer will try to match your speed whilst remaining a fixed distance behind the target vehicle

Each of these methods does have flaws, but in particular hand-held speed cameras and follow on checks. Hand-held cameras could be incorrectly set up or not calibrated correctly. Similarly, follow on checks can be open to human error.

Because the prosecution has to prove your offence, errors in these methods could be used in defence. However, the police or Crown Prosecution Service rarely discloses information such a hand-help camera calibration until the Fixed Penalty Notice has been rejected. This means it may be hard to get this evidence before making a decision on whether to pay any speeding fines.

If you’re stopped by the police, they can:

  • give you a verbal warning
  • give or send you an Fixed Penalty Notice
  • order you to go to court – you’ll be sent a letter telling you what to do

What happens if you get caught by a speed camera in the UK?

If your vehicle has been caught speeding by a speed camera, the within 14 days you will be sent a:

You must return the Section 172 notice within 28 days, telling the police who was driving the car. Remember, it is your responsibility as the registered owner of the vehicle to inform the police of who the driver was. This is regardless of whether the driver was you or someone else.

If you ignore the notice, you may receive a court summons.

After you’ve sent the Section 172 notice back, you’ll be sent either a:

  • Fixed Penalty Notice (FPN)
  • a letter telling you to go to court

What happens after I get a speeding ticket?

Speeding tickets are delivered as Fixed Penalty Notice in the UK. Receiving a Fixed Penalty Notice gives you options.

You can either plead guilty to the speeding offence and accept the penalty points, fine and/or speeding course. Or you can plead not guilty which will mean you will have to go to court.

If you plead guilty

You will have to pay a £100 fine and have 3 points added to your licence unless you’re given the option to attend a speed awareness course as an alternative.

The points will remain on your driving licence for 4 years.

You may be given the option of attending a speed awareness course if:

  • the police decide it’s appropriate for your offence
  • you have not been on a speed awareness course in the past 3 years

If you plead not guilty

You will have to go to court.

If the court decides to find you guilty of committing a speeding offence, then you may be fined more than a Fixed Penalty Notice.

The amount you’re fined depends on what the speed limit was and how much over it you were driving. It’s usually a percentage of your weekly income, up to a maximum of £1,000 (£2,500 if you were driving on a motorway).

You could also be disqualified from driving or have your licence suspended.

Finally, you may receive a criminal record if found guilty by the courts.

If you decide to take your speeding offence to court, then seeking expert legal representation from speeding offence solicitors could help your case.

Do I need a solicitor for a speeding offence?

Whether you need a solicitor for a speeding offence will depend on your circumstances, the seriousness of the offence and if you have existing penalty points.

If it is your first speeding fine, and you have decided to accept the Fixed Penalty Notice, then you may not need a solicitor. However, you may want to talk to a specialist solicitor before making a decision if you think the claim against you is not fair. They will be able to give you the best independent legal advice.

Seeking legal advice from a specialist motoring offence solicitor may be more helpful if:

  • You have legitimate reasons to plead not guilty
  • You are a professional driver in transport, logistics, haulage etc.
  • You are facing a driving ban or driving disqualification by having 12 points

28 days is not a long time. Call us as soon as possible after receiving your speeding ticket.

Can you get away with a speeding fine?

As with any offence, the prosecution has to prove that you were guilty beyond a reasonable doubt. This is the same for speeding as it is for anything else.

If you were speeding, it is best to accept the ticket. This includes arguments such as;

  • I didn’t know the speed limit
  • I didn’t realise I was speeding, or;
  • I was only speeding for a moment

These are not legitimate defences and will still be classed as a speeding offence.

However, if you were speeding for reasons such as in an emergency to get someone to the hospital, then you may have mitigating factors that the court may allow.

But I wasn’t driving

If you were not driving your vehicle at the time of the offence, then you should not pay the speeding fine. If your car was stolen, sold or being driven by someone else, you must inform the police when you receive your Notice of Intended Prosecution as you are not liable for any fine.

It is illegal not to inform the police who was driving the vehicle, whether it was yourself or someone else. It is also illegal to accept a fine and penalty points for someone else.

Will I be offered a speed awareness course?

Speed awareness courses may be offered by the police instead of receiving penalty points and a fine. You will be offered a speed awareness course if:

  • the police decide it’s appropriate for your offence
  • you have not been on a speed awareness course in the past 3 years

Whether you will be offered one will depend on your local police forces own policies and guidelines.

The course lasts roughly 4 hours and needs to be booked within 14 days of receiving the offer.

You will have to pay a cost to attend. This is usually between £80 and £100, depending on where you are in the country.

Remember, you will only be invited to a speed awareness course if it is your first offence within the past 3 years. If you have already attended a course within the last 3 years, and are caught speeding, you will not be offered the chance to attend.

Is it worth going to court for speeding?

Going to court for speeding can be risky. This is because if you are found guilty in court you will receive a higher fine. You also open up the possibility of having a driving disqualification and a criminal record.

However, there are situations where going to court may be worth it. For example;

  • If you are facing disqualification from driving, and/or;
  • If you drive for a living and it threatens your employment

In some situations, you may be able to claim exceptional hardship if you are facing disqualification. In these cases, you may be able to argue successfully to the court that receiving a driving ban or disqualification will cause suffering that is exceptionally hard.

Defining exceptional hardship is difficult though. There is no set list of situations that are classed as exceptional hardship.

However, they are usually hardships that impact others as a result of you not being able to drive, rather than you yourself. For example, if you were a taxi driver and the sole financial earner in a family household.

Could I go to prison for speeding?

You are unlikely to go to prison for only a speeding offence. The usual punishment for speeding is a fine and penalty points or disqualification if you receive over 12 points. This is because speeding is classed as a careless act rather than a dangerous act.

If you were speeding excessively, then the police will charge you with Dangerous Driving instead of, or in addition to, speeding.

Dangerous Driving is a far more serious charge than a speeding offence and can result in prison sentences. If you are charged with Dangerous Driving it is important to get legal representation as soon as possible.

Will I get penalty points for speeding?

It may be possible not to get penalty points for speeding. Depending on how much you were over the speed limit, you may be invited to attend a Speed Awareness Course by your local police force.

This will be a four-hour course. You will have to pay to attend with costs being between £80 and £100 depending on where you live in the UK.

However, it is worth remembering that Fixed Penalty Notices are £100.

By attending the course, you will not have to pay the fine or have penalty points on your driving license.

You will not get invited to attend a speed awareness course if you have previously been invited in the last 3 years. In these cases, you will be fined and will be given penalty points.

12 or more points – can you avoid a driving ban?

If you were caught speeding and you accept that you were speeding, then it may still be possible to avoid a driving ban. This is only under situations of exceptional hardship. These are in times where a driving ban may impact the suffering of someone else. For example, if you were the sole financial earner of a household and rely on your driving for income.

If you believe you are not guilty of speeding, then you may be able to defend yourself in court to avoid a driving ban. However, this does come with the additional risk that if you are found guilty, your fine may increase.

Free initial consultation – call us on 0115 910 6239, email us or fill in our web form above.

If you are facing a driving ban, contact our specialist motoring offence solicitors for a free consultation.