Been Caught Speeding? We Are Here to Assist! Contact Us for Help with Your Case.
Penalties for speeding can range from 3 points and a fine, up to a disqualification. Consulting with a driving offence lawyer who specialises in traffic offenses can help you navigate the legal process and provide guidance tailored to your specific situation.
Why do you need a solicitor to deal with your speeding offence?
Speeding is one of the most over-prosecuted criminal offences in the country. Unfortunately most motorists simply take the points without taking legal advice.
For minor speeding offences, these are normally dealt with by a Fixed Penalty Notice (FPN). This will normally result in 3 points on your licence and a £100 fine. Depending on the speed, you may be offered a speed awareness course.
For a speeding offence 20mph or more over the speed limit, you can expect 3-6 points on your licence and a fine of up to £1000 for non motorway and up to £2500 for speeding on the motorway. You may also receive a discretionary driving disqualification! A discretionary driving disqualification is handed down to drivers for high speed offences. The length of the driving disqualification is down to the magistrates.
Discretionary driving disqualification’s can either be heard on paper via the Single Justice Procedure Notice, or in person at court.
You may not receive a discretionary driving disqualification if you have current points on your licence and your latest offence would take you to 12 or more penalty points. This would result in a driver now being at risk of a ‘totting up ban’.
By instructing a Motoring Solicitor, we can help present the best defence to help avoid a conviction. In the event of a conviction, we can help reduce any points, prevent a disqualification and reduce any potential fines.
Speeding offences begin in one of two ways;
1. Were you stopped by the police?
If the police stopped you, you would have been given a verbal notice of intended prosecution (NIP). This would involve the officer cautioning you for the alleged offence and explaining that you will be reported for speeding. The officer may tell you that you can expect a Fixed Penalty through the post or a summons to attend court. This, of course, depends upon the speed alleged.
2. You were NOT stopped by the police?
Most likely the first you learn of the offence is when the letter comes through the post. It would be completely impractical to stop every motorists suspected of speeding. Depending on which device was used, there are ways to defend the case.
The first letter to arrive is the Notice of Intended Prosecution (NIP). This will also be accompanied by a ‘s.172 notice’ requiring you to provide driver details. You should respond to the NIP as soon as possible as it is usually time-sensitive. Always seek legal advice before returning the NIP.
Notice Of Intended Prosecution ( NIP)
A Notice Of Intended Prosecution ( NIP) is sent via the post to the registered keeper of the vehicle within 14 days of a motor offence. ( as discussed above, you may not receive this if you were stopped by the police) . The purpose of the NIP is to identify who the driver was at the time of the offence, you have 28 days to reply to the notice. If the NIP arrived after 14 days of the offence, contact us immediately, we may be able to challenge this.
Fixed Penalty Notice ( FPN)
Once the driver has been identified, you may be sent a fixed penalty notice. A fixed penalty notice is a conditional offer from the Police that includes penalty points and a fine. ( The fixed penalty offer is not offered for drink or drug offences)
Single Justice Procedure Notice ( SJPN)
A SJPN is a process used to commence court proceedings for a motor offence. The Police have 6 months from the date of the offence to start the court process. If a driver is at risk of a ‘totting up’ ban or a ‘ discretionary’ driving disqualification, due to the high level of excess speed they will receive a SJPN. On this document the client can either plead guilty or not guilty. You have 21 days to reply from the date of issue. It is imperative that you seek legal advice prior to completing and returning the single justice procedure notice. If you instruct us, we will complete and submit the SJPN our your behalf.
Are You Expecting A Speeding Ticket?
To convict you of speeding, the prosecution have to prove beyond reasonable doubt that you were driving:
A Motor Vehicle
On a public road or in a public place
At a speed exceeding the limit for the road
only then can you be found guilty of driving in excess of a speed restriction.
Speed Awareness Courses
You may only attend one course in a 3 year period. The cost of attending these one day courses varies across the UK & may in some instances be more than the £100 fine you would receive for a fixed penalty notice. A course allows you to avoid the penalty points and fine for the offence, however the course is offered at the discretion of the prosecuting body and your excess speed limit has to be within the guidelines.
Can you challenge a speeding offence?
Were you suspected of speeding? We at Hadi Law Solicitors defend motor offences cases all across England and Wales, and have experience and knowledge of most Magistrates’ Courts. We would never recommend defending a criminal case without the help and guidance of a specialist solicitor. If you think any of the defences below might apply in your case, please call us immediately for free advice.
The defences below apply to the following speed cameras;
Fixed speeding cameras
Average and Variable Cameras
Hand-held laser devices in Police vehicles
You must be aware that some radar devices are manually operated by the police whilst others, such as the Fixed Yellow Camera and motorway average speed cameras, are automatic. Either way, the police should follow the procedures laid down in the guidelines issued.
For further information speak to us on 01772 447000 or reach out to us on our 7 day a week WhatsApp helpline07869760533.