Being caught speeding for the first time can lead to concerns about what might happen next - what minimum fine or sentence you might face, whether you can challenge the conviction and whether you could have your licence revoked, especially if you only passed recently.

A Band B speeding fine is more serious for a first time offender than a minor offence would be, but it doesn't have to mean the end of your driving in most cases. Working with a solicitor can give you an idea of what to expect in terms of consequences and how best to mount a successful defence. The team at JMW represents clients who have been accused of a speeding offence and received a Band B fine. In many cases, we have successfully argued that a lower penalty would be a more appropriate sentence, or successfully defended clients against charges and had their convictions overturned.

Here, the expert speeding offences solicitors at JMW outline what a Band B speeding fine is, detail the other penalties that may apply and explain the defences you may be able to rely on.

What Is a Band B Speeding Fine?

Speeding offences in the UK are split into three main categories: Band A, Band B and Band C. These are set by the sentencing guidelines used in the Magistrates' Court. Band A offences are for drivers who were travelling at generally 1 to 10 mph over the speed limit, while Band B speeding offences happen when you drive at a higher speed over the limit. The band of your offence determines how the fine that will be imposed is calculated.

Usually, a Band B fine will be one of the penalties if you are recorded at:

• 31mph to 40mph in a 20mph zone
• 41mph to 50mph in a 30mph zone
• 51mph to 60mph in a 40mph zone
• 66mph to 75mph in a 50mph zone
• 81mph to 90mph in a 60mph zone
• 91mph to 100mph in a 70mph zone

Speeding fines calculated for Band B offences are based on your relevant weekly income. The starting point for a Band B offence is 100% of your weekly income, while Band A offences begin at 75% of your weekly income. If you drive at an even higher speed above the posted limit, you could receive a Band C fine of up to 125% of your income. With that said, the maximum fine is £1,000 for offences on standard roads and £2,500 for speeding offences on motorways. You may also have to pay a victim surcharge and cover prosecution costs.

What other penalties will I face?

In most cases, speeding will result in additional consequences, including penalty points on your licence. The number of penalty points added to your driving licence depends on the band that the offence falls into. For Band B speeding, the court will give you:

• between 4 and 6 penalty points; or
• a driving ban (disqualification) for 7 to 28 days.

As well as a higher speeding fine, Band C offences come with up to six points on your licence, while Band A offences will not usually exceed three points. If this is your first offence and you have a clean driving licence, you’re more likely to receive penalty points rather than a driving disqualification. However, the Magistrates' Court has the power to choose either. You may also be offered the chance to attend a speed awareness course without paying a fine or receiving penalty points, but this is rare for Band B and Band C offences.

A speeding conviction stays on your driving licence for four years, but most insurance companies will ask about your driving offence history for the last five years. This means that a conviction can also lead to increased insurance premiums.

With all of this in mind, a Band B fine can be a serious imposition with strict penalties. If you believe you were not guilty of the alleged offence, you may wish to plead not guilty in court and challenge the conviction.

What Is the Process of Challenging a Band B Speeding Offence?

The process of a speeding conviction starts when the registered keeper of the vehicle receives a notice of intended prosecution (NIP). By law, the police must send this NIP within 14 days of the date the speeding happened. The NIP comes with a Section 172 notice, requiring the registered keeper to provide details of who was driving at the time the alleged speeding offence occurred.

Even if you want to contest the speeding charge, you still need to return this form within 28 days. If you don't, you will face a court summons and additional penalties. It is a separate criminal offence if you do not respond to this notice, and failing to provide driver details leads to a minimum penalty of six points on your licence and a fine of up to £1,000.

From there, you may receive a Fixed Penalty Notice (FPN) with a fine of £100 and three penalty points, but this is much more common for Band A offences and rarely applies to Band B. In most cases, you will receive a single justice procedure notice that enables the Magistrates Court to deal with your speeding offence without you needing to attend court in person.

When you get this notice, you can:

1. Plead guilty, which means that you accept the speeding charge. You can provide details of your weekly income and any mitigating factors, at which point the court will decide on your fine and how many points you should receive.
2. Plead not guilty, challenge the evidence and ask for a trial.

If you choose a guilty plea through this process, a single magistrate will decide your sentence. If the court is considering a driving ban, it will ask you to attend court for a full hearing. Instead of receiving a single justice procedure notice, you will be sent a court summons and required to attend in person.  It is important to note that If you’re found guilty at court, the maximum penalty can be higher than if you accepted an FPN earlier. You should check with a solicitor as to your odds of success if you decide to proceed with challenging the matter in court.

What Defences Can You Use if You Are Caught Speeding?

You should only challenge an offence in court if you have legitimate concerns about the prosecution's evidence or believe that there are legitimate reasons why you were behaving in the way that you did. There are several defences that may be suitable when challenging a speeding ticket.

For example, a speed limit must be clearly marked to be legal. If speed limit signs were missing, broken, hidden from view by trees or otherwise unclear, you may have a defence.

The police must use approved speed camera devices that have been subject to regular calibration and maintenance. If the speed camera equipment wasn't working correctly or the person using a hand-held camera wasn't trained, the recorded speed will be wrong and this can form the basis of a defence.

The NIP must be sent to the registered keeper within 14 days. If the police miss this deadline, the prosecution may be deemed invalid, although there are exceptions - if the note was sent in plenty of time but did not arrive within the 14-day window because of factors outside the control of the local police force (such as unplanned postal disruptions), the note may be deemed to still apply.

Aggravating factors and mitigating factors

Where it is not possible to raise a full defence, you may be able to rely on mitigating factors to mitigate your sentence. On the other hand, aggravating factors may be highlighted by the prosecution in a push for a stricter sentence.

Factors that can lead to a driving ban or more penalty points:

• speeding near a school
• speeding where there are lots of pedestrians
• speeding in very poor weather or at night
• speeding while towing a caravan or trailer
• being a repeat offender

Your solicitor's role is to raise mitigating factors when the court is considering speeding penalties, to ensure that any punishment you receive is not overly harsh. These could include:

• a genuine emergency (such as a medical crisis)
• a clean driving record with no previous convictions
• showing exemplary conduct at the roadside
• an early guilty plea

If you receive 12 penalty points on your licence (or six if you are within two years of passing your driving test) your driving licence will be revoked. Because a Band B speeding offence carries up to six points, one single mistake could mean that new drivers face a licence revocation. In these cases, you have to apply for a provisional licence again and pass both the theory and the practical tests before you can drive alone again.

In some cases, you can avoid this by showing exceptional hardship, which means demonstrating that the impact of a driving disqualification would inversely affect others disproportionately. However, it is always best to avoid these circumstances by driving carefully.