What You Need to Know About Speeding Offences

Speeding is one of the most common driving offences in the UK, with one government report stating that 53% of UK drivers exceeded the speed limit on motorways. Despite 2020 being an anomaly year, this is still a significant cause for concern. Exceeding the speed limit can easily be done by accident - without realising the speed limit of the road the driver is on, or a new speed limit is introduced, for example as they enter the outskirts of a town.

However, speeding is also easily avoided; drivers should make sure they are aware of the speed limit at all times, exercise patience and do not take risks. Speeding can be extremely dangerous to those speeding as well as other drivers and pedestrians around them, so it is essential that drivers make a conscious effort to obey limits.

In the following guide, the expert motoring offence solicitors at JMW Solicitors explain everything you need to know about speeding offences, what you can expect to happen if you are caught speeding and what you may be able to do about it.

What constitutes speeding?

Speeding is an offence that occurs when a driver exceeds the speed limit of a road imposed by law. A driver may speed due to carelessness, recklessness, negligence or because of intentional disregard for the safety of other motorists. Speeding is a major cause of traffic collisions and fatalities and is dealt with severely by the authorities.

Drivers should always be mindful of posted speed limits and refrain from exceeding them regardless of how much pressure they might feel from other motorists or passengers in their vehicle as this could end up having serious consequences for everyone involved.

What are the penalties for speeding?

If a driver is found to have committed a speeding offence, the police will issue them with a notice of intended prosecution (NIP). This can be delivered in writing or verbally on the side of the road by the police, and serves as a formal notification that you may be prosecuted by the court for your offence. Following this, you may receive a fixed penalty notice (FPN) which will detail your penalties. This may be sent through the post or given directly by a police officer following the incident. The fixed penalty notice will detail the penalties that the driver is required to meet.

In serious offences, a court summons may be given immediately, detailing a date on which the driver must attend a court hearing. In the case of speeding offences, court summons are usually sent through the post - they can be given following the arrest of a driver, but this is rare regarding speeding, unless the driver has committed other offences alongside speeding.

Minor speeding offences

For a speeding offence where a driver only slightly exceeds the limit (just over 10% of the limit) and causes minimal risk to the safety of others, they can expect to incur a fine of £100 and three penalty points.

Major speeding offences

If a driver shows clear disregard for other road users and exceeds the speed limit significantly, they can expect to incur much more severe penalties.

The maximum penalties for a speeding offence are:

• A £1,000 fine, or £2,500 if the incident took place on a motorway
• Three to six penalty points
• A discretionary driving ban

You may receive a driving ban due to ‘totting up’ - the exceeding of the 12-point limit on your licence - or if you exceeded a 30MPH limit. Driving bans for speeding can last anywhere between seven to 56 days and will be determined by the severity of your offence.

More severe incidents, you will be expected to attend a court date and may receive court summons in place of a fixed penalty notice.

Speeding offences are often linked to other types of offences, such as careless driving or drink driving. This can lead to more severe penalties, such as higher fines or even prison sentences.

Following a fixed penalty notice, you will have a month to respond. You can do this by filling out the information on the notice; depending on whether you are accepting or disputing your charges, you will need to fill out a separate section.

You should not accept any responsibility for your charges or attempt to dispute them without first consulting a professional motoring offences solicitor. Attempting to dispute your charges in court and failing will result in increased charges, therefore you should speak with an expert to best navigate the complex process.

What are speeding awareness courses?

In some cases, the court may offer a driver the option to take a speed awareness course in return for the reducing or removal of their penalties. If the driver agrees to take the course, they will be required to attend every session planned for them, show enthusiasm for learning by having a positive attitude in the sessions and by making clear progress. If the driver fails to do any of these, the court will revisit their previous penalties.

You may only attend one speed awareness course every three years, therefore you will not be eligible for this method of penalty reduction if you have already been on a speed awareness course in that time.

How to defend against a speeding charge

Defending against a speeding charge is a highly complex procedure that should not be attempted without the help of a professional solicitor. Therefore, the first thing you should do when you receive a penalty notice is to contact your solicitor. You should do this as soon as possible to ensure you do not make any mistakes before the deadline, that you do not miss any deadlines and that you and your solicitor have the most time available to build a strong defence.

There are a number of approaches that solicitors typically take to defend drivers against speeding offences:

• There was an issue with the speed cameras or other devices used to record your speed
• You did not receive an NIP within the 14-day notice period
• There were not enough witnesses to attest to your speeding
• You were under threat, either due to someone in your vehicle or due to being chased
• You were being influenced by another person in the vehicle
• There was a medical emergency

Not all of these defences will completely remove your charges, but they may help to reduce them.

Defences that are typically not accepted by the court include:

• There were no visible road signs
• The camera or police were hidden
• You were rushing
• A car was too close to your vehicle's rear

To defend against a speeding offence, your solicitor will work closely with you to assess your situation and identify evidence that supports your claim. Your solicitor will also access the evidence that the police have to best combat it.

When should I plead guilty?

It is not always best to dispute a speeding ticket. This is because the risk of being prosecuted more severely that comes with doing so may outweigh the penalties, especially if your charge is a minor one. Additionally, making a plea can help to reduce your sentence.

To make a plea to the court, you will need to submit a mitigation letter. This gives you an opportunity to explain to the court how your penalties may cause significant hardship to your life. The court may accept your plea if you include and prove one of the following mitigating circumstances:

• You need to drive for your job and would lose it otherwise
• You have family that relies on you to transport them
• Someone with an illness or disability relies on you to transport them
• The emergency that leads you to speed was highly serious

The court will not always accept your plea, so you should speak to your solicitor before doing anything else.