Georgina Power’s articles from Rothera Bray are most popular:
- with readers working within the Transport industries
Rothera Bray are most popular:
- within Corporate/Commercial Law and Intellectual Property topic(s)
- with Senior Company Executives and HR
Speeding offences are one of the most common challenges faced by motorists, yet many drivers are unsure of the steps they should take when a Notice of Intended Prosecution lands on their doorstep.
In this article, Associate Solicitor, Georgina Power from our Motorist Team shares ten practical tips for dealing with speeding allegations. Clear, sensible, and informed, these tips will help you navigate the process with confidence.
- Get legal advice early Contact a solicitor as soon as you receive a Notice of Intended Prosecution or Fixed Penalty Notice. Early guidance can help you understand your options, meet key deadlines, and avoid mistakes that could lead to unnecessary penalty points or disqualification.
- Know the penalties Speeding penalties vary depending on the seriousness of the offence and where it occurred. A Fixed Penalty Notice usually involves a £100 fine and 3 penalty points. If the matter goes to court, fines can reach up to £1,000 on standard roads or £2,500 on motorways, with 3–6 penalty points or a possible driving ban.
- Check for course eligibility In some cases, you may be offered a speed awareness course instead of penalty points. This is usually only available if your speed falls within set limits and you have not attended a course in the previous three years. Courses are offered at police discretion and are not guaranteed.
- Challenge when appropriate A speeding allegation may be challenged in certain circumstances, such as where you were not the driver, the vehicle was stolen, or road signage was missing or non-compliant. Minor errors on the Notice of Intended Prosecution letter will not normally amount to a valid defence.
- Keep records Dashcam footage, GPS data, or photographs of road signage may be useful in limited situations, particularly where there are questions about location or signage. However, this type of evidence does not usually override police speed-detection equipment and should be assessed with legal advice.
- Respond promptly You must respond to a Section 172 notice within 28 days to identify the driver. Failing to do so is a separate offence and can result in 6 penalty points, a fine, and court proceedings – even if you intend to challenge the original allegation.
- Weigh court risks Taking a case to court can sometimes lead to higher fines or increased penalties if you lose. However, if you have a strong defence or believe the charge is incorrect, it may still be worthwhile to explore this option with proper legal guidance.
- Argue exceptional hardship If receiving a driving ban would have a serious impact on others -such as family members, dependents, or your employer – you may be able to argue exceptional hardship which could help you avoid disqualification.
- Understand serious charges In extreme cases, very high speeds combined with the manner of driving may lead to a charge of Dangerous Driving rather than simple speeding. This offence carries significantly harsher penalties, including lengthy disqualification and potential imprisonment.
- Don't ignore it Even if the offence seems minor, it is important to deal with it properly. You should respond to notices, accept a fixed penalty, attend a course, or seek legal advice. Ignoring correspondence can quickly escalate the situation and lead to far more serious consequences.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
