What Happens When You’ve Been Caught Speeding?

Being caught speeding can be a stressful and intimidating experience, especially if you are uncertain about what will happen next. Speeding is one of the most common driving offences in the UK, and whether you exceeded the limit by a small margin or were detected at a much higher speed, knowing what to expect can make a challenging situation more manageable. 

In the following blog post, the motoring offences experts at JMW provide a comprehensive guide to the steps following a speeding incident and the key ways in which legal expertise can help you address the potential consequences.

How Speeding is Detected by the Police

In the UK, speeding offences are detected through various types of speed cameras or direct action from police officers on patrol. Speed cameras are either fixed at locations known for accidents or near schools, used in mobile units, or part of an average-speed system that calculates speed over a long distance. These methods are difficult to evade, especially the average-speed cameras, which are frequently deployed in road work zones.

Alternatively, police officers may use radar equipment while stationed on the roadside or by following a vehicle in a patrol car. If a police officer directly detects speeding, the consequences will be addressed immediately, starting with an on-the-spot stop and initial assessment of the offence.

Being Caught in Person

When stopped by a police officer, they will assess the situation and decide on the appropriate course of action based on the severity of the offence. If the speed was only slightly above the limit, the officer may issue a verbal warning. However, for more significant breaches, a Fixed Penalty Notice (FPN) is typically issued, which usually carries a £100 fine and three penalty points on your licence.

In cases involving exceptionally high speeds or reckless behaviour, the officer may indicate that you will be required to appear in court. Should this occur, and if you are convicted, more severe penalties could follow, including higher fines, increased penalty points, or even a driving disqualification. Police may also inspect your vehicle for other legal or safety concerns, such as worn tyres or malfunctioning lights, which could lead to further penalties.

What to Expect if Caught by a Camera

If your speeding incident was detected by a speed camera rather than in person, you will first receive a Notice of Intended Prosecution (NIP). This notice, sent within 14 days of the offence to the registered keeper, will request that you confirm who was driving the vehicle at the time. You must return this form to the address included within 28 days, as failing to do so will result in the escalation of your case.

For lower-level incidents, you may be given the option to attend a speed awareness course, which is designed to educate drivers and reduce the likelihood of repeat offences. Completing this course in place of accepting penalty points can be advantageous for maintaining a clean licence.

If a speed awareness course is not offered or applicable, you will likely receive an FPN, which involves a £100 fine and three points on your licence. This is a straightforward way to resolve minor offences without the need for a court appearance.

Penalties for Speeding

Penalties for speeding vary depending on the degree to which you exceeded the speed limit and other situational factors. Minor offences typically result in three penalty points and a £100 fine. However, more serious offences, or repeated breaches, can lead to substantially greater penalties.

For example, you may be required to attend a court hearing, where the court has the authority to impose heavier fines, a greater number of penalty points, or even a driving ban. Offences involving speeds over 100mph frequently result in disqualification from driving, lasting anywhere from a few weeks to several months.

However, the impact of a speeding conviction extends beyond fines and points. Points remain on your record for three years and can result in increased insurance premiums, as insurers often regard drivers with penalty points as higher-risk individuals, which may make your insurance more costly.

Totting up Offences

Accumulating 12 or more points on your licence will lead to a ‘totting up’ offence. Often the result of several minor driving offences, totting up can result in a driving ban and the disqualification of your licence. This is considered to be a serious offence and will make it very difficult, if not impossible, to get back on the road again.

Court Proceedings for Serious Offences

If your speeding offence warrants a court appearance, the legal process becomes more formalised. You will need to decide whether to plead guilty or not guilty. Pleading guilty will likely result in fines and additional points; however, the court may consider any mitigating factors, such as a personal emergency or unavoidable circumstances, which may lessen the penalty.

If you choose to plead not guilty, you must prepare a defence for the court. Common defences include questioning the accuracy of the speed detection equipment or disputing the identity of the driver. While a successful defence could mean avoiding penalties entirely, contesting a speeding charge can be complex and time-consuming. Typically, court-issued penalties are more severe than those from an FPN, and so you should seek legal guidance from expert motoring offence solicitors before deciding on your response.

Mitigating Factors and Potential Defences

There are several factors that can potentially reduce or eliminate speeding penalties. For instance, if you were driving due to an emergency, such as transporting someone to the hospital, the court may show leniency. You may also have grounds for defence if you can challenge the reliability of the speed camera used. If evidence shows the camera malfunctioned, or if you were not the driver at the time, you may be able to contest the charge.

How JMW Solicitors Can Support You

We understand the stress that being prosecuted for speeding can bring, as well as the various other impacts it can have on your life. Our expert motoring offences solicitors have the expertise to guide you, from advising on whether to accept an FPN to building a defence if you wish to contest the charge. Our team can represent you in court and, if applicable, present any mitigating factors to reduce penalties or challenge the evidence against you.

If you have been caught speeding and are concerned about the potential penalties, speaking with a specialist solicitor at JMW can provide you with clarity and direction. With our expert support, you can make informed decisions about your case, minimise the long-term effects of the offence, and move forward with confidence.