Speeding Offence Solicitors

If you have been accused of exceeding the speed limit, JMW's motoring solicitors can help you to mount a defence. We understand how serious the repercussions of being issued with speeding fines can be, especially if you are a taxi driver, delivery driver or other professional. If an offence results in a ban, it could lead you to lose your job or result in a drastic change of circumstances. However, expert legal advice from our speeding solicitors can help you to defend your actions and avoid disqualification or other serious penalties.

The team at JMW Solicitors has years of experience in delivering positive outcomes from cases relating to speeding tickets and fines, and we provide high quality and practical legal advice for speeding offences. Our lawyers will do their utmost to keep your penalty to a minimum or fight to have the charges dropped altogether where possible. To get in touch with our specialist motoring solicitors, call today on 0345 872 6666 or complete our online enquiry form.

Why Choose JMW for Your Speeding Defence?

The specialist speeding offence solicitors at JMW are well-versed in building a strong speed camera defence for every client. We have a strong track record of success in keeping penalties to a minimum and having the proceedings dismissed in many cases. Our thorough knowledge of motoring law and expert legal representation during proceedings means that we can support your defence at all stages of the process.

This extensive experience means that our driving offence solicitors can give you an honest assessment of the outcomes you can expect if you receive a speeding ticket or are accused of a motoring offence. From there, we can plan your defensive strategy and help you to achieve the best outcome possible in your circumstances. If necessary, we can also offer legal representation to mount your defence in court.

Led by Hojol Uddin, a partner and head of Motoring with 18 years of experience, JMW's team has been ranked by the Legal 500 and Chambers and Partners as a Top Tier Criminal and Fraud firm, which reflects the quality of our service and our positive outcomes for motoring offences.

Get in touch with our team today for a free initial consultation, where we can discuss the circumstances under which you were accused of speeding, and explain how we can help.

Speeding Penalties and Sentencing Guidelines

If you are accused of a minor speeding offence, you will receive a fixed penalty notice (FPN). This is designed to eliminate the need for a court appearance and usually offers a fine and penalty points. If you plead guilty, you must pay the fine immediately. Alternatively, you may be given the opportunity to attend a speed awareness course if this is your first offence. The course is offered at the discretion of the police force in question. You cannot apply to attend, and can only attend this type of course once every three years. If you do, you will not need to accept points on your licence or pay a fine.

You can plead not guilty to a speeding allegation, which will result in a court hearing. For more serious offences, you may be summoned directly to court. The penalties that can be imposed in court are much stricter than through an FPN, and if the court finds you guilty of speeding, you may receive a larger fine and more penalty points than were initially imposed.

If the prosecution is successful in proving its case in court and you are found guilty of speeding, at least three penalty points will be added to your licence, although more serious offences may incur up to six points. Additionally, exceeding the speed limit is generally subject to fines of a maximum of £1,000, unless the offence took place on a motorway, in which case the maximum penalty is £2,500.

Speeding offences are grouped by the court into Bands A, B and C, according to how far over the limit you were. The fine is usually based on weekly income.

The court can adjust the fine up or down depending on aggravating or mitigating factors. Aggravating factors that the prosecution may raise include:

• Previous convictions or points, especially for similar motoring offences
• Speeding near a school, in a residential area, or near vulnerable road users
• Poor weather, poor visibility, heavy traffic or the presence of passengers
• Carrying passengers or a heavy load, towing or driving for hire/reward

On the other hand, your defence solicitor should raise any of the following mitigating factors that apply.

• A previously clean or good driving record
• A show of remorse, cooperation with an investigation and any correcting behaviour
• Evidence of a short distance or time speeding, with good road/weather/traffic conditions
• A genuine emergency
• An early guilty plea

If the offence is particularly serious, or you have built up 12 or more penalty points within a period of three years, a disqualification could follow. If you are within two years of passing your driving test, you must only accumulate six points before your licence can be revoked by the DVLA. If you wish to get your driving licence back, you must re-apply for a provisional licence and pass the written and practical driving tests again. For more information on this type of penalty and how you can defend it, read our page on mounting a defence against a totting up disqualification.

Meet Our Team of Speeding Offence Solicitors

Our specialist motoring offence solicitors have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of a speeding offence.

Case study

How We Defend a Speeding Charge

To secure a conviction, the prosecution needs to show that a driver (or the defendant) exceeded a speed limit. However, even if it appears that the prosecution has complied with all of its duties, a defence can still be raised. We build our arguments by asking the following questions:

• Was the correct procedure followed by those operating the camera?
• Has the use of the equipment been approved by the secretary of state?
• Was the speed camera calibrated correctly?
• Could the reading have been a false one?

By looking closely into these arguments and the circumstances surrounding your alleged offence, our experts may be able to achieve a positive result for you in court.

We compile a driver's defence by taking careful instruction and closely scrutinising the prosecution's evidence and any paperwork issued in the case. We must ensure that the prosecuting authorities have complied with the requirements to give a proper Notice of Intended Prosecution within the prescribed period of the alleged offence. Otherwise, this may be raised in your defence.

If a speed camera captured your alleged speeding offence, we can offer advice to help you challenge and defend the accusations. Alternatively, find more information on challenging speed camera offences.

Special Reasons Versus Mitigating Circumstances

Special reasons and mitigating circumstances offer two different approaches to a defence, but they are often conflated or confused for each other. Mitigating circumstances are reasons why the court should impose a lower sentence within the normal sentencing range, and may include a good driving record, a show of remorse or an early guilty plea. They are usually raised by your solicitor with the aim of reducing the fine, points or length of ban, but they do not normally remove a mandatory penalty altogether.

Special reasons are a specific legal argument. They do not mean you are innocent, but if accepted they can allow the court to avoid or reduce an otherwise mandatory endorsement, penalty points or disqualification. They must be directly connected to the offence itself, not just your personal circumstances. The Sentencing Council says a special reason must be mitigating/extenuating, not amount to a defence, be directly connected with the offence, and be something the court should properly consider when sentencing.

Examples that apply to speeding include:

• You were speeding because of a genuine medical or safety emergency, with no reasonable alternative
• You were only speeding for a very short distance
• It was impossible to see road signs or markings that would indicate a change in speed limit
• Your speedometer was faulty or there was another mechanical issue

Seek legal advice from our expert speeding solicitors to learn more about how we can support you and help you to mount a defence in these cases.

Exceptional Hardship

If you are facing a driving ban as a result of "totting up" - meaning that you have received 12 or more penalty points on your licence in any three-year period - it may be possible to mount an exceptional hardship argument. Normally, the court must impose at least a six-month disqualification in these cases, but if the driver can prove that a ban would cause exceptional hardship, the court can reduce the ban or avoid it.

Some types of hardship are expected results of a disqualification, and to say that you would lose your job or face inconvenience without your car is not enough. However, if you can show that there is an impact on an innocent third party - such as a disabled or elderly relative depends on the driver for transport and there are no alternatives, or if you rely on driving to operate a business and your employees would lose their jobs if the business collapsed - this may allow you to avoid disqualification.

Speak to the team at JMW for advice if you are accused of a road traffic offence that could lead to an automatic driving disqualification.

Our Fixed Fees for Speeding Defence

JMW's expert speeding solicitors offer certain services on a fixed fee basis, which can make it simpler and more cost-effective for you. This includes key services for cases where physical representation at court is not required, or where you need to appear to make a guilty plea. Learn more about our fixed fees service or get in touch today to discuss the legal services you need.

Q

What are penalty points and how do they work?

A

Penalty points are issued following a speeding offence and are placed on your driving record, where they will stay for three years from the date of the offence. If you accumulate 12 or more penalty points within a three-year period, then you could be disqualified from driving.

Q

What happens if I am prosecuted for speeding?

A

In most speeding offence cases, the severity of punishment will depend on the amount by which you were exceeding the speed limit.

In the event of a prosecution, you will receive a Notice of Intended Prosecution. This will outline the details of your motoring offence. You will need to respond with details about the incident, including identifying the driver who was behind the wheel at the time of the offence. Failing to do this can result in other punishments beyond those for a speeding offence, including additional penalty points.

Once you have submitted the requested details, you will receive information about your court hearing.

Q

Am I allowed leeway of 10% over the speed limit?

A

You are legally liable for a speeding fine as soon as you exceed the limit. This is the case whether you are doing 31 mph in a zone with a 30 mph limit, or 71 mph on a motorway.

There is guidance from the National Police Chiefs’ Council that recommends giving drivers a so-called ‘10% plus 2’ leeway, designed to give police officers ‘discretion'; however, this is only a recommendation and not the law. The best advice is to not speed at all.

Q

What is the time limit for sending a Notice of Intended Prosecution for a speeding offence?

A

Under Section 1 of the Road Traffic Offenders Act 1988, a notice of prosecution must be given to the registered keeper of the vehicle within 14 days of the offence. The notice of prosecution can be given verbally at the scene if you are stopped by the police, or it can be in writing if you are caught on camera. If you are told at the roadside, the 14-day rule does not apply, as a verbal warning was provided at the time.

The only time where this requirement does not apply is if:

• A fixed penalty has been given
• An accident occurred due to the presence of your vehicle on the road

Q

I have received a summons for a driving offence. Is there any way to avoid a driving ban if I already have nine points?

A

It can be possible to avoid a driving ban by pleading what is known as “exceptional hardship”. In this instance, you must be able to show the court that, if disqualified, you would suffer exceptional hardship beyond the mere inconvenience of not driving. Your reasons will need to be “out of the ordinary” and you will need to show supportive evidence.

If you are concerned that you may receive a driving disqualification then you should instruct a solicitor at the earliest opportunity.

Q

My vehicle was caught on a speed camera in a city I have never been to. What can I do?

A

If your vehicle has been caught on a camera somewhere that you have never visited, it may be that your vehicle has been cloned. This means that a stolen vehicle is using your registration number.

In these cases, we will normally try to have the case dismissed by proving to the Crown Prosecution Service that your vehicle has been cloned.

To do so, we can ask the prosecution to disclose the evidence, which is usually a photograph or video of low quality, gather evidence and make written submissions on your behalf in an effort to have the case dropped. However, this is entirely at their discretion.

Q

I have been caught speeding on a road that reduces from 40 mph to 30 mph. The camera that caught me is just after the 30 mph sign, however, the sign was obscured. Can I still be convicted?

A

In some circumstances, speeding allegations can be defended by arguing that the speed limit was not clearly marked and visible. A solicitor can help to gather the necessary evidence to write to the prosecution and persuade them to drop the case at their discretion.

Q

How do I find out how many points I have on my driving record?

A

If you are unsure how many points you have attached to your driving licence, you can find out by visiting gov.uk. You will need your driving licence number, your National Insurance number and the postcode on your driving licence.