Speeding Offences

Prosecuted for speeding? Worried about a Driving Ban?  When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.

Prosecutions for speeding are on the rise. Many local authorities view penalty fines as a means of increasing their revenue. Indeed, the busiest cameras in the UK raked in more than £3million in fines last year. Click here for a list of the top ten highest earning speed camera locations in the UK.

For many drivers a speeding conviction could also lead to a driving ban – either under the “totting up’ provisions or because the court uses it’s has powers to impose an immediate driving ban, known as a discretionary disqualification. This can be a surprisingly complicated area of law and if you think you are at risk of a driving ban as a result of a speeding conviction and want to keep your licence, you should take legal advice. 

If you receive a Notice of Intended Prosecution, Fixed Penalty Notice and Single Justice Procedure Notice read our Guide to Speeding Tickets – What to Do Next. This includes a guide to the law on s.172 Notices and the Failure to Identify A Driver offence.  

Speeding Offences

To be convicted of an offence of speeding, the Police and Prosecution must prove each of these elements beyond reasonable doubt.

• the driver’s identity

• that they were driving a motor vehicle

• they were driving in a public place or on a public road

• that they were at the time exceeding the speed limit

When advising clients if they have a defence available we will have to consider all the facts of the case, such as –

• Factual – you were not speeding

• Expired time limits i.e. Notice of intended prosecution and summons

• Signage – The speed limit was not identifiable

• Speed detection devices – was it approved, operating correctly and operated co
  

Notice of Intended Prosecution, Single Justice Procedure Notice and Fixed Penalty Notices

When you receive your paperwork from the Court it is important to respond promptly within the time for a reply fixed in law.  Ignoring a Notice of Intended prosecution for example could result in you being charged with being prosecuted for failing to identify the driver, which carries 6 penalty points or an immediate ban. Read our guide to Notices of Intended Prosecution, Single Justice Procedure Notices and Fixed Penalty Notices and the failure to identify a driver offence.

Totting-up and the Exceptional Hardship Defence

Accumulating twelve penalty points or more means that you could receive a driving ban under the ‘totting-up’ process.  Once you reach twelve points the court can impose an immediate driving ban for a minimum of six months.

The only way of avoiding a driving ban if you are a “totter’ is to persuade the Magistrates that a ban will cause you ‘exceptional hardship’. See our Guide to the Avoiding a Driving Ban – Totting Up.

Excessive Speeding and the “Special Reasons” Defence

Even if you have a clean licence you could receive a driving ban if the court considers the speeding offence to be so serious it warrants a period of disqualification.  This could apply regardless of the number of points on your licence if the Court believes you were driving at an excessively high speed for example.

The only way of avoiding a discretionary driving disqualification is to persuade the Magistrates that there are “special reasons” you should not receive a driving ban.

For example, if you were driving at excess speed owing to an emergency, subject to the facts, it may be argued that penalty points should not be endorsed.  There may be other circumstances that lead to you speeding and we will be happy to discuss your case with you and to advise if the explanation would be considered a special reason.

Speed Awareness Course

If your vehicle was ‘flashed’ by a speed camera for example you should receive an Notice of Intended Prosecution “NIP” within 14 days (as long you were not stopped at the roadside.)  The NIP will be sent to the registered keeper of the vehicle.

Once you have returned the NIP you may then to receive a conditional offer of a fixed penalty or a peed awareness course.  Whether a speed awareness course will be offered to you will depend upon the speed you were recorded at driving. Read our Guide to Speed Awareness Courses.  

It you accept the offer you must pay the appropriate fine or book on to the recommended driver speed awareness course. 

Penalties

If your speeding case is dealt with at Court, then when determining the appropriate penalty, the Court will be guided by the Magistrates’ Court Sentencing Guidelines and both the fine and number of penalty points (or the length of disqualification) will be determined by the speed.