Speeding is the most commonly prosecuted motoring offence.
The internet is awash with websites that will try to offer you a quick fix, some of which offer a dubious guarantee that they will make your speeding ticket go away. It is unfortunately not as simple as that but there are some technicalities in relation to the correct presentation of evidence and procedure which can and do often lead to cases being dismissed. Kenway Miller Solicitors have an unparalleled record of successfully defending speeding offences.
Defences to speeding can be split up into the following broad categories:-
- Notices of intended prosecution not received or received out of time
- Postal requisition (Court summons) not issued in time
- Doubts over reliability of speed measuring equipment and/or reading produced
- Lack of evidence of speed limit
- Speed limit signage requirements not adequately met
- Defect in notices of intended prosecution
- Evidence of offence not presented correctly by the prosecution at trial
How do you find out if any of the above issues apply in your particular case? Call us for a free assessment – 0800 4334 678
Sometimes a pragmatic approach is required depending on your individual circumstances and the case at hand. The penalties imposed can vary considerably from one case to the next and for that reason ensuring that you obtain the best possible representation is vital.
Penalty Table – For more advice Call 0800 4334 678
|Speed Limit||Alleged Speed||Range of Penalties|
|20||21-30||Band A fine, 3 points|
|31-40||Band B fine, 4-6 points or disqualification of 7-28 days|
|41-50||Band B fine 6 points or disqualification of 7-56 days|
|30||31-40||Band A fine, 3 points|
|41-50||Band B fine, 4-6 points or disqualification of 7-28 days|
|51-60||Band B fine, 6 points or disqualification of 7 -56 days|
|40||41-55||Band A fine, 3 points|
|56-65||Band B fine, 4-6 points or disqualification of 7-28 days|
|66-75||Band B fine, 6 points or disqualification of 7-56 days|
|50||51-65||Band A fine, 3 points|
|66-75||Band B fine, 4-6 points or disqualification of 7-28 days|
|76-85||Band B fine, 6 points or disqualification of 7-56 days|
|60||61-80||Band A fine, 3 points|
|81-90||Band B fine, 4-6 points or disqualification of 7-28 days|
|91-100||Band B fine, 6 points or disqualification of 7-56 days|
|70||71-90||Band A fine, 3 points|
|91-100||Band B fine, 4-6 points or disqualification of 7-28 days|
|101-110||Band B fine, 6 points or disqualification of 7-56 days|
Band A fine = 50% net weekly income
Band B fine = 100% net weekly income
Band C fine = 150% net weekly income
The minimum penalty is 3 points and a fine of up to £1,000 on non-motorways and £2,500 on motorways dependant on your income. There is technically no maximum penalty but disqualifications of more than 3 months for a single speeding offence are rare, unless the person reaches 12 points.
Disqualifications are normally imposed where a person reaches 12 points on their licence. They can be imposed for single speeding offences as an alternative to points but this tends only to be for very high speeds. For example, in a 70mph limit a disqualification would not normally be considered unless the speed was more than 100mph, where the Court would normally impose 6 points or a disqualification of up to 56 days. If the speed is over 110mph disqualification becomes more likely.
If there are extenuating circumstances such as a medical emergency this may be used to avoid endorsement but it must be shown that there was no reasonable alternative other than to drive at a speed above the limit.
If you have not yet been charged with the offence but have simply been issued with a notice of intended prosecution, there is little point asking for technical information at this stage. The police are well used to dealing with such requests and are under no obligation to provide evidence. They will normally provide copies of any photographic evidence and will sometimes provide other information upon request. They will normally proceed towards prosecution regardless unless there are obvious flaws in the evidence. Occasionally the photographic evidence will show flaws in the speed measurement, but requesting calibration certificates does not normally serve any purpose.
If you are charged with the speeding offence and wish to challenge the speed reading then you are entitled to ask for whatever technical information you believe to be relevant and this can be passed on to an expert witness if appropriate.
A verbal NIP (notice of intended prosecution) must be given at the time of the alleged offence or in writing to the registered keeper within 14 days. If you were not stopped at the time, are the registered keeper of the vehicle and have not heard anything within 14 days this is a defence. If you have received the NIP out of time this is also a defence but one that must be proven in Court.
If you are not the registered keeper then you should check with them to see if they received it in time.
Sometimes the police will issue an NIP bit will not instigate proceedings. The police has 6 months from the date of the alleged offence to start proceedings in the Magistrates’ Court. Sometimes, the police will issue proceedings but will not serve the court charges until outside the 6 month period which can often cause uncertainty as to whether the proceedings are valid. In such circumstances, obtaining legal advice is essential.