Speeding

Exceeding the speed limit, ‘speeding’, is illegal. If you're caught speeding by either a speed camera or police officer, the matter could be dealt with in one of several ways. 

Depending on the seriousness of the offence, you may either be given a verbal warning, asked to attend a Speed Awareness Course, or in the vast majority of cases issued with a Fixed Penalty Notice of a £100 fine and three points on your licence. In some instances, however, the punishment may be more severe, and you may be prosecuted in court leading to a significantly higher fine, more points on your licence or even a driving disqualification. Generally, magistrates will only consider imposing a ban if you've been caught driving significantly above the speed limit.

The following links provide valuable information, setting out the varying degrees of punishments for different speeding offences:

Sentencing Guidelines

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/

Speeding penalties

https://www.gov.uk/speeding-penalties

As previously mentioned, under certain circumstances, you can avoid penalty points and opt for a Speed Awareness Course if offered. Whether you're eligible for a Speed Awareness Course, will vary depending on which police force is handling your offence. Generally, most police forces offer a course to drivers who are caught speeding between 10% plus 2 and 10% plus 9 over the legal limit.

Technically, as soon as you exceed any given speed limit, you’re liable for a speeding fine. So, if you’re doing 31mph in a 30 limit or 71mph on the motorway, you’re breaking the law. The National Police Chiefs’ Council (NPCC) does recommend giving drivers a ‘10% plus 2’ leeway, so that police officers can use their 'discretion', but this is only a recommendation, not the law.

If you think you have been caught speeding by a camera, the Police have 14 days, starting from the day after the alleged offence, to issue the Registered Keeper of the vehicle, with a ‘Notice of Intended Prosecution’, or NIP. The Notice (NIP) will detail the offence and will be accompanied by a document called a Section 172 notice, requesting information to identify the details of the driver at the time of the alleged offence. 

Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence otherwise you will commit an offence of Failing to provide driver information, which carries a fine and 6 penalty points. If you were stopped by a police officer, they can give you a verbal warning of prosecution at the scene. A NIP is not normally required if the offence was part of a road traffic accident.

Once the NIP is returned, you’ll receive a conditional offer of a Fixed Penalty Notice (FPN). If you are issued a Fixed Penalty Notice and you ignore it, or if you choose to dispute the charge, then you will almost certainly have to attend court.

You can either pay the fine and accept the penalty points or contest the matter in court. To uphold the fine, a court only needs to prove you were speeding. Saying that you did not intend to speed, or you didn’t realise you were speeding, or you only exceeded the limit briefly won’t help. 

If you think you have been given a speeding ticket unfairly, you can challenge it. You need to carefully consider whether you have grounds to dispute the allegation, because ultimately you will have to go to court to contest the allegation. If this happens it’s best to seek professional legal advice.

If you decide to dispute a speeding fine, the case will be heard in magistrates court. The Prosecution must prove, beyond reasonable doubt, the driver’s identity; that you were driving a motor vehicle; you were driving in a public place or on a public road; that you were at the time exceeding the speed limit. The prosecution must prove every one of these elements of the offence so, if they are unable to prove any one of them, the prosecution case will fail.

Sometimes, some speeding cases are successfully challenged on the ground of technicalities, such as missing or incorrect details provided on the NIP; this is something that should always be checked in any event!

If convicted of a speeding offence, the penalty Points will remain on your licence for a period of 4 years from date of offence but will only be ‘valid’ for 3 years, all relevant to ‘totting up’.

If you have been accused of speeding, whether you intend to accept or challenge the matter, you should always seek professional legal advice before making a final decision, as there may be several options and tactical routes open to you.