Can You Get Your First Speeding Ticket Dismissed?

Whether you are a new driver or someone who has been behind the wheel for a long time, being caught speeding and receiving your first speeding ticket can be sobering. For some people, the prospect of a speeding fine of £100 and penalty points on your licence can be difficult to face, and you may be left wondering whether you can get it dismissed. After all, drivers can receive a disqualification for speeding offences, while new drivers who receive six penalty points within their first two years of driving can lose their licence and be forced to retake their driving test.

It is not usually possible to get a speeding ticket dismissed unless you have a legal defence - for example, if you believe that speed camera evidence was incorrect or unreliable. This involves contesting the ticket in a court hearing, and the potential penalties if you are unsuccessful can be much more serious. However, in many cases, you will be offered the option to attend a speed awareness course for your first offence rather than receiving penalty points on your driving licence and paying a fine - although this is at the discretion of each individual police force.

Here, the expert motoring offences solicitors at JMW explain what happens if you are caught speeding, the potential penalties for a speeding offence, and what to do about challenging a speeding ticket if you believe you are innocent of the alleged offence.

What happens when you get a speeding ticket?

When you are caught driving above the speed limit, the outcomes will depend on the circumstances of the alleged offence. For example, if you are stopped by a police officer for speeding, they will discuss the matter with you and take details on a traffic offence report and then pass it to the central ticket office. The central ticket office will then determine the appropriate penalty.

Alternatively, If you are caught by a speed camera, the registered keeper of the vehicle will receive a Notice of Intended Prosecution (NIP) and a Section 172 notice within 14 days of the offence. The Section 172 notice requires the recipient to identify who was driving at the time of the offence. If you were the driver, you must complete and return the form within 28 days, while if someone else was driving, you must provide their details. Failure to respond could result in a fine and six penalty points for failing to provide driver details.

Once you have responded to the NIP, the authorities will decide the next steps. There are generally three possible outcomes:

• a Fixed Penalty Notice
• a summons to a court hearing
• a speed awareness course

It is important to understand that the only way to have a speeding ticket dismissed is to challenge it in court, but this is rarely the best option. Speak to a legal representative about your options if you believe the Notice of Intended Prosecution or Fixed Penalty Notice were issued in error or that you have grounds to challenge the conviction.

What are the potential outcomes from a speeding ticket?

The standard penalty for a speeding offence is a Fixed Penalty Notice, which typically involves a £100 fine and three penalty points on your licence. You can either accept the FPN and pay the fine or contest it in court. If you accept the penalty, you must pay the fine within 28 days. The points will be added to your driving record and will remain for three years from the date of the offence for the court and four for the DVLA. If you accumulate 12 or more points within a three-year period, you could face disqualification.

For more serious offences, such as if you were substantially over the speed limit or have a history of offences, you may receive a court summons. Alternatively, if you believe the speeding ticket was issued unfairly, you can challenge it in court. However, if you are unsuccessful, you may face higher fines and court costs. It is advisable to seek legal advice before contesting a speeding offence, as there is a risk of more severe penalties than for simply accepting a Fixed Penalty Notice.

Penalties issued in court could include:

• A higher fine (up to £1,000, or £2,500 if the offence was on a motorway)
• More penalty points (between 3 and 6)
• A possible driving ban, if the offence is severe

For minor offences, and particularly first offences, you may be offered a speed awareness course instead of penalty points and a fine. This is not the same as having your offence dismissed. Completing the course means you will not receive penalty points or pay the fine, but you must still pay for the course.

Will I be offered a speed awareness course?

Whether or not you are offered the chance to attend a speed awareness course rather than having to pay a fine and receive points on your licence depends on the police force. This offer is made at the discretion of local police forces, and it is not guaranteed. 

You can only take a course if you have not attended one in the last three years, and it is typically only offered for a first offence. You must pay for the course, which usually costs around £90 to £120. Courses usually take around four hours to complete, but they are hosted by different providers around the UK, and the specific details of the course you are offered will depend on where your offence took place.

If you miss the course or do not complete it within the required time frame, you will be issued with a Fixed Penalty Notice, including a £100 fine and three penalty points on your licence. You cannot get a refund for the course or rebook if you miss the deadline. If you commit another speeding offence within three years, you will not be offered another course and will receive penalty points instead.

Does a speed awareness course mean your speeding ticket is dismissed?

Attending a course is not the same as having your ticket dismissed, but once you have completed the course, the speeding offence will not appear on your driving record. The main advantage is that the offence will not result in penalty points or a fine if you attend a speed awareness course.

Similarly, you will not have to declare your offence to your insurer as a conviction, but some insurers may still ask if you have taken a speed awareness course and it could affect insurance premiums.

While the ticket is effectively cancelled as long as you complete the course, the record of your attendance may still be considered in future offences and especially when evaluating penalties if you are summoned to court for a future offence.