Can You Fight a Speeding Ticket in Court?

If you have received a speeding ticket, you may wonder about your options in response, particularly if you believe you were driving at the speed limit at the time of the alleged offence. For some people, the prospect of paying a speeding fine (or the cost of a speed awareness course) seems onerous. For those who have received previous convictions for speeding offences, there is also the risk of 'totting up'. This refers to a scenario in which you receive more than 12 penalty points on your licence within a four-year period, or only 6 points if you are within your first two years of driving.

Thankfully, you can challenge the speeding ticket in court and attempt to have it overturned. However, it is important to work with a solicitor to determine whether it is worth appealing the conviction based on your specific circumstances. Attending court to have a speeding ticket overturned can be risky and, if you are unsuccessful, the consequences can be more severe than if you had accepted the conviction, the penalty points and the associated fine in the first place. You will need a strong defence with a wealth of evidence to secure a favourable outcome.

Here, JMW's expert motoring solicitors explain the options available if you have received a speeding ticket or Fixed Penalty Notice (‘FPN’), how to follow the correct procedure to challenge the conviction, and why it is important to work with a legal representative in preparing your defence.

What Happens When You Receive a Notice of Intended Prosecution?

If you are caught speeding by a speed camera, you will receive a Notice of Intended Prosecution (‘NIP’). This notice must be sent to the registered keeper of the vehicle within 14 days of the offence. If the vehicle belonged to someone else, they will receive the original NIP. They will then nominate you as the driver and you will receive an NIP requesting you to identify yourself (Section 172 notice). Following this, you will receive a FPN. 

The NIP will include details of the alleged speeding offence, including the date, time and location, and the speed at which you were recorded. Alongside the NIP, you will receive a Section 172 notice, requiring you to confirm who was driving the vehicle at the time. You must respond to this notice within 28 days, even if you intend to challenge the ticket, as failure to respond or provide driver information is a separate offence that can lead to a fine of up to £1,000 and six penalty points.

The NIP will give instructions as to what to do next. The NIP does not necessarily mean that you will be charged with a speeding offence, but most drivers will receive an FPN shortly thereafter which confirms the charge. Receiving an FPN is the first opportunity at which you can challenge the ticket.

If the offence is more serious (i.e. the speed is too high to allow the offence to be dealt with by way of FPN), you may receive an SJPN requesting you to enter a plea.In this event, this is the first opportunity you have to challenge the ticket.

How Do You Challenge an FPN?

FPNs are the most common way minor speeding offences are dealt with. An FPN typically offers a £100 fine and three penalty points on your driving licence. If this is your first offence, you may be offered the chance to attend a Speed Awareness Course instead of receiving points, provided you have not attended one in the previous three years and your speed was within certain thresholds. While this is a way to avoid points and a fine, the conviction will remain on your driving record in these cases.

If you decide to accept the FPN, you must pay the fine within the specified period or arrange to attend a speed awareness course within a similar time limit. This is considered an admission of guilt, and you cannot challenge the penalty afterwards. If you fail to respond, your case may be referred to the Magistrate's Court.

If you decide not to accept the charge, you have the option to respond to the FPN by disputing the alleged offence and requesting a court date. You should only make a speeding ticket appeal if you believe that you were not speeding at the time of the alleged offence, or believe there are exceptional circumstances that explain why your behaviour did not constitute a speeding offence. The penalties if you are found guilty in court after disputing a speeding ticket are more serious than the original fine and penalty points you were offered and may be accompanied by legal costs.

Single Justice Procedure Notice (‘SJPN’)

While you have the option to dispute an FPN, you may not always have the choice of whether to go to court or not. If the offence is considered too serious - for example, you were driving well over the speed limit - you may receive an SJPN instead of an FPN. If you receive an FPN but ignore it or fail to respond in time, this can also lead to a court summons. You can choose to plead guilty immediately to avoid a longer legal process, or enter a not guilty plea and mount a defence in your court hearing.

Alternatively, you can ‘opt out’ of the SJPN procedure. This will allow your legal representatives to submit written representations on your behalf, requesting the withdrawal of one or more charges. This is a difficult avenue and you must have proper grounds to request the withdrawal of a charge, so success is not guaranteed. It is therefore essential to seek expert legal advice at the outset.

What Happens if You Challenge a Speeding Ticket in Court?

If your case goes to court and you enter a not guilty plea, it will be listed for a hearing at the Magistrates Court. While you have the right to challenge a speeding ticket in certain cases - such as if you believe you were not speeding, there was an error with the speed measurement equipment, or the NIP was not served within the correct timeframe - it is not always advisable. You can receive stronger penalties unless you seek advice from a specialist speeding solicitor before going ahead.

The court will hear evidence from the prosecution, including any police officers or camera operators, and then consider your defence and any evidence you provide. If you choose to have the case heard in court, you should be prepared to present strong evidence to support your case. This can include:

• Dashcam footage.
• Witness statements.
• Calibration certificates for the speed detection equipment.
• Photographs of speed limit signs, if you believe signage was inadequate.

It is strongly recommended to seek legal advice before challenging a speeding ticket, as the burden will be on you to prove that the prosecution’s case is unreliable. If the court finds you guilty, it has discretion to impose a fine based on your income, endorse your licence with points, or impose a driving ban. Potential penalties include:

• A fine of up to £1,000 (or £2,500 if you were speeding on a motorway).
• Between three and six penalty points.
• A driving disqualification.

If you are found not guilty, no penalty will be applied, and you will not have to pay a fine or receive points.