Can You Get a Ticket Dismissed Without Going to Court?

Speeding tickets are relatively common in the UK, but there remain many common misunderstandings about how you can fight the charge or have it dismissed, and when you may need to attend a court hearing. 

You can always challenge a speeding ticket in court, but it is not always advisable to do so. It is vital to seek legal advice from an experienced motoring solicitor before taking this approach, as a conviction can lead to more serious penalties than if you had pleaded guilty and accepted the initial points/ paid the initial speeding fine. 

For a first offence, you may be offered the option to attend a speed awareness course, which means accepting the conviction but without receiving any penalty points on your driving licence or needing to pay a fine.

In rare cases, it is possible to have a speeding ticket dismissed without a court hearing, but this relies on strong evidence and usually means that the police did not follow the correct procedure when issuing a Fixed Penalty Notice or Notice of Intended Prosecution (NIP). As such, it is best to prepare for a court date if you (and your legal representative) believe you have the grounds to challenge the offence.
Here, the expert driving offences solicitors at JMW explain what happens when you receive a speeding ticket, what happens if you want to contest the ticket, and the circumstances in which a court hearing is/ is not required.

What Happens When You Receive a Speeding Ticket?

When you are caught speeding by a speed camera, the registered keeper of the vehicle will receive a Notice of Intended Prosecution (‘NIP’) with a request for the driver's details. Once the driver has been identified, they will usually receive a Fixed Penalty Notice (‘FPN’) in the post. If you receive an FPN, you may be:

• Asked to pay a fine, which is typically £100, and accept three penalty points on your driving licence;
• Offered the option to attend a speed awareness course and receive no points on your licence; or
• Given a date on which to attend a court hearing.

Fixed Penalty Notice (‘FPN’)

Accepting the FPN means that the matter will be resolved without going to court, although the penalty points will remain on your driving record for four years (active for three years). If you receive more than 12 penalty points in any three-year period, you can face a driving disqualification.

Speeding Awareness Court

For a first offence, you may be offered the chance to attend a speed awareness course as an alternative to penalty points. Completing the course means no points are added to your licence and you will not need to pay the fine, although you will need to pay for the course. While this is a better option for some drivers than accepting the FPN, it does not mean that the ticket is dismissed, and you will still be accepting the conviction. 

You should note that if you have completed a speed awareness course within 3 years preceding the offence date, or your speed was too high, you will not be offered a speed awareness course. These courses are at the discretion of the police force. 

Court Hearing

You will only be issued with a court date for serious speeding violations, where other charges may apply, or if your driving history shows that you have received multiple serious convictions before. A court date will also be set if you have requested one.

What Happens if You Want to Contest the Ticket?

If you wish to contest a speeding ticket, it is very important to seek specialist advice before acting upon the FPN and taking further steps.

If you believe you were not speeding or there has been an error, you have the right to dispute the allegation. To do this, you must reject the FPN and request a court hearing. In cases where there is strong evidence in your favour, your lawyer may be able to have the ticket dismissed before the hearing itself is necessary, but this is only possible in very specific circumstances.

After you have requested a hearing:

• You will receive a court summons.
• You can submit a written plea in advance.
• If you plead not guilty, your case will be listed for a trial date.

It is very unlikely that you can have a speeding ticket dismissed purely by written correspondence if you contest the offence. The court will usually expect you to attend the court hearing and any subsequent trial in person and with representation, especially if you need to give evidence or challenge the prosecution’s case.

What Are the Circumstances Where You Can Avoid Court?

Legal Mistakes

While it is uncommon that you will be able to challenge a speeding ticket without going to court, there are a few circumstances in which a case could be withdrawn before reaching a hearing. For the most part, this will require evidence that the police or the Crown Prosecution Service made a clear procedural error that prevents them from taking further action. If the police did not send a NIP within 14 days of the offence, for example, this may lead the case to be dismissed.

Strong Evidence

Evidence that proves you could not have committed the offence (for example, if your vehicle was cloned or another insured driver was driving at the time of the alleged offence) can also be submitted. 

Written Representations

Your solicitor may need to make written representations to the prosecution presenting other evidence or to demonstrate that procedural failings have been made, and argue that continuing the case would be evidentially wrong/ not in the public interest.If this happens and the prosecution decides not to proceed, or a judge decides to dismiss the case, you would not have to attend court nor accept a conviction. However, these situations are rare and normally rely on clear legal mistakes or strong evidence. 

Speak to an experienced solicitor if you believe there is a possibility of procedural issues or further evidence that could result in a speeding fine or ticket being dismissed.