Legal Advice for Speeding Offences

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If you have been accused of exceeding the speed limit, you may fear there is no way of mounting a defence against your charges. At JMW, our motoring solicitors understand just how serious the repercussions of being issued with speeding fines can be. If an offence results in a ban, it could also lead you to lose your job or result in a drastic change of circumstances.

In these cases, we recommend you seek legal advice from expert speeding solicitors. The team at JMW Solicitors has years of experience in successfully handling 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. To get in touch with our specialist motoring solicitors, call today on 0345 872 6666 or complete our online enquiry form.

What Are the Potential Consequences of Speeding?

If the prosecution is successful in proving its case and you are found guilty of speeding, at least three penalty points will be added to your licence, although more serious offences may incur heavier penalties. 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.

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. For more information on this type of penalty and how you can defend it, take a look at our Defence Against Totting Up Disqualifications page.

If you have been caught speeding and want to get a better idea of the kind of penalty you might be facing, our speeding offences calculator, the JMW Speedometer, can help to give you a rough indication of how much you may need to pay.

JMW Speedometer

Find out how much you could be fined

The prosecution needs to show that a driver (or the defendant) exceeded a speed limit. If it can prove this, the prosecution will be successful in securing a speeding conviction. However, even if it appears that the prosecution has complied with all of its duties, a defence can still be raised. It may be that a complex point in expert evidence is raised or that an attendant at the scene of the alleged offence will provide a defence to what appears a watertight case.

The driver's defence is compiled by taking careful instruction and closely scrutinising the prosecution's evidence. The speeding solicitors at JMW do this in every case. We also give careful consideration to the paperwork issued in the case. This is to ensure that the prosecuting authorities have complied with the requirements to give a proper Notice of Intended Prosecution (NIP) within the prescribed period of the alleged offence.

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 here.

Mounting a Speed Camera Defence

The majority of speeding offences bring with them a fixed penalty notice or speeding summons, which both result in a fine and penalty points being issued in line with the severity of the offence.

However, when defending clients against speed camera charges, we carefully analyse all of the available evidence and make use of a number of legal arguments that can help to overturn these punishments.

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.

Why Choose JMW?

The specialist speeding offence solicitors here at JMW are well-versed in advising clients on how to deal with the relevant documentation and building a strong speed camera defence. We can help to either keep the likely punishment to a minimum or have the proceedings dismissed. 

Thanks to their experience, our speeding 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.

Get in touch with our team today to discuss the circumstances under which you were accused of speeding, and learn how we can help.

FAQs About Speeding Offences

What speeding fine will I get?

The minimum fixed penalty fine is three penalty points and £100. If the driving offence involves a court summons, the maximum fine increases to £1,000. If the speeding offence took place on a motorway, this can incur a fine of £2,500. Up to six penalty points can be issued for a speeding offence, or a disqualification from driving.

If you plead not guilty to a speeding offence, you must attend a court hearing. If the court finds you guilty of speeding, you may receive a larger fine and more penalty points at the end of this process.

What is a fixed penalty notice?

A fixed penalty notice is issued in the event of a minor speeding offence and is designed to eliminate the need for a court appearance. 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.

Can I contest a fixed penalty notice?

You can plead not guilty to a speeding allegation, which will result in a court hearing. This is an opportunity to mount a defence and present your version of events. However, there are potential downsides to this, including the possibility of more severe penalties if you are found guilty by the court.

You can also contest the details of the fixed penalty notice. For example, you may want to acknowledge you were speeding, but contest the speed at which the police allege you were driving. You may receive a reduced punishment if your case is successfully defended.

If you wish to contest a fixed penalty notice, contact a solicitor who can advise you further. This is vital, as it is important to understand the potential consequences of any decisions you make during this process - the wrong move can take you a step closer to losing your licence. Working with expert speeding solicitors means you will be able to achieve the best possible outcome based on your circumstances.

What are penalty points and how do they work?

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.

Is there a way to avoid penalty points?

If you have not exceeded the speed limit by an excessive amount (which is determined by individual police forces), or it is your first speeding offence, then you may be invited to attend a speed awareness course instead of getting penalty points on your licence. 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.

Are penalty points the same for new drivers?

If you accumulate six points within two years of passing your driving test, then your licence will 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.

What happens if I am prosecuted for speeding?

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.

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

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 (NPCC) 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.

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

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

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.

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

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 (CPS) 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.

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?

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.

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

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

Talk to Us

If you want to know more about mounting a defence against speeding offence charges, our speeding offence solicitors are ready to provide the legal advice you need. Get in touch today by calling 0345 872 6666 or fill in the online enquiry form and let us know a suitable time to get back to you.