You have been caught speeding, what happens now?

June 7, 2021, By

Data shows that many drivers exceed the speed limits. In fact, research from the Department for Transport showed that 48% of cars on the motorway exceed the 70mph limit in 2021. On 30mph roads, it’s even higher – at 51% of all cars.

Speeding is a serious offence that puts the driver, their passengers, and other road users, at risk of a road traffic accident. Furthermore, if you are caught speeding in the UK, the consequences can be severe.

What happens if you get caught speeding in the UK?

If you’re caught speeding in the UK, your punishment can vary from a fine to points, a ban or even losing your licence. The law around speeding fines is complex due to different types of roads, the functionality of speed cameras and guidance on the correct speed.

It also depends on whether you’ve been stopped by the police or captured by a speed camera.

Stopped by the police

Being stopped by the police when they believe you have been speeding can have a variety of outcomes.

This can range from a verbal warning to a fixed penalty notice (FPN), or ordering you to go to court. The severity of their decision is likely to be based on the extent of the speeding offence and where it took place.

If you believe this to be unfair or incorrect, seek expert legal guidance at the earliest opportunity.

Captured by a speed camera

If you are caught by speed cameras, you will be sent a Notice of Intended Prosecution (NIP) and Section 172 notice.

You’ll need to fill in and return the notice to identify the driver at the time of offence. Failure to return the notice can result in you attending court.

You, or the driver of the vehicle during the offence, will then either recieve a fixed penalty notice or a court summons.

What happens next?

For minor speeding offences, you will usually receive a fixed penalty notice. You’ll then decide whether to plead guilty or not guilty to the charge.

If you plead guilty, you’ll be given a minimum fine of £100 and three penalty points on your driving license. You may be able to avoid the penalty points by attending a speed awareness course, although this option is only offered if the police believe it’s appropriate and you haven’t attended a course in the past three years.

If you plead not guilty, you’ll attend court to defend the charge. This is a decision best discussed with a road traffic offence specialist because if you’re found guilty, you’ll be given a larger fine and more penalty points on your licence.

  • If the court decides you are guilty of speeding, your fine and points may be more than if you had pleaded guilty originally
  • The fine, if found guilty, will depend on several factors such as how far beyond the speed limit you were driving.
  • The total cost of the fine can be up to £1000, or £2,500 if you were speeding on a motorway
  • In the worst-case scenario, you could lose your licence or be disqualified from driving

Having a solicitor who deals regularly with speeding offences will help you to decide on the best approach to your Fixed Penalty Notice. If there were special or mitigating circumstances for you to have been speeding, this can be discussed in line with your decision to plead Not Guilty in court.

Remember that 12 or more points on your licence within three years means you will be disqualified from driving. Be aware also, that if you are still in the first two years of having passed your driving test, exceeding 6 penalty points will mean that your driving licence is withdrawn.

How long does it take to receive a speeding ticket?

If you are caught by a speed camera, your Notice of Intended Prosecution (NIP) will come through the post to the registered keeper within 14 days of the alleged offence.

You will also receive a Section 172 notice which you must return within 28 days to confirm who was driving the car at the time.

After this, you will then receive either an offer of a speed awareness course, a Fixed Penalty Notice, or be sent a letter telling you that the matter will be dealt with by the court.

Can I check if I have been caught speeding?

If you’re worried you’ve been caught speeding, perhaps if your speedometer was a few MPH over the limit while going past a camera, then unfortunately there’s no way of checking.

You’ll need to wait for a Notice of Intended Prosecution to arrive in the post. If you don’t receive the notice within 14 days, it’s likely you haven’t been caught.

What happens if you ignore a speeding ticket in the UK?

If you ignore a speeding ticket, i.e. you fail to respond to a Notice of Intended Prosecution within 28 days, the matter will pass to the Magistrates’ Court. This can lead to bigger fines for failing to comply and, if the court continues to be ignored, a warrant for your arrest.

What are the possible defences to a speeding offence?

Some common defences include:

  • Lack of, or flawed, evidence
  • Inaccurate equipment
  • Emergency situation
  • Mistaken identity
  • Necessity, to avoid a greater harm

What should I do if I’m caught speeding?

With all of the above in mind, we strongly suggest that you seek legal guidance from a specialist solicitor if you are caught speeding, especially if this is not your first driving offence.

Time is of the essence with speeding offences, as the longer you leave them, or if you ignore them completely, the consequences can worsen.

We can help

Speeding and road traffic offences are some of the most common criminal areas we deal with. The team is well versed in acting for clients including public figures in disputing driving offences of all kinds.

Our solicitors will ensure the best possible outcome for you if you feel you have been unfairly caught speeding. Again, please do contact a specialist at the earliest opportunity to ensure you have the best chance of success.

Call us on 0161 969 3131 or fill in our contact form below and the team will be in touch.

 

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