Stopped for speeding?

Speeding is one of the most common motoring offences. Fixed speed cameras, average speed cameras, mobile camera vans, speed detection devices or police officers may catch drivers. The consequences can include a speed awareness course, a fixed penalty, penalty points, a court summons, a fine or a driving ban.

If you believe you have been caught speeding, it is important to address any police notice promptly and accurately. Ignoring a notice, failing to identify the driver or giving false information can lead to more serious consequences than the original speeding allegation.

Speed Enforcement and the 10% Guidance

There is no legal right to drive above the speed limit. Some police forces apply enforcement guidance that allows a small margin before action is usually taken, often referred to as 10% plus 2mph. However, this is guidance only and does not create a defence to speeding.

A driver can be prosecuted for exceeding the speed limit, even by a small amount. Whether a warning, course, fixed penalty, or prosecution is offered will depend on the speed, the road, the police force's policy, the driver's history, and the circumstances of the offence.

How Drivers Are Caught Speeding

Drivers can be caught speeding in several ways. Fixed speed cameras may record a vehicle's speed at a particular point. Average speed cameras calculate the average speed between two or more points. Mobile camera units are often used on roads where speeding or collisions are a concern.

Police officers may also use handheld speed detection devices, vehicle-mounted equipment or other evidence. In some cases, the evidence may include officer observations, video footage, dashcam material, road markings, camera records or speed measurement data.

Notice of Intended Prosecution

If a speed camera catches a vehicle, the registered keeper will usually be sent a Notice of Intended Prosecution and a request for driver details. The notice is normally sent within 14 days of the alleged offence. However, exceptions can apply, for example, where the DVLA details are incorrect or the vehicle is not registered to the driver.

The registered keeper, or the person receiving the request, must respond and identify the driver within the required time limit, usually 28 days. Failing to provide driver information can lead to a separate offence, which may carry 6 penalty points and a fine.

What Happens After the Driver Is Identified?

Once the driver has been identified, the police may offer a speed awareness course, a conditional fixed penalty, or refer the case to court. The outcome will depend on the alleged speed, the speed limit, whether the driver has recently attended a course, and whether the case is considered too serious for a fixed penalty.

If a police officer stopped the driver at the roadside, the officer may give a verbal notice of intended prosecution or explain what will happen next. The driver may later receive a fixed penalty offer, course offer or court paperwork.

Speed Awareness Courses

A speed awareness course may be offered for lower-level speeding offences where the driver meets the eligibility criteria. If a course is completed, the driver will usually avoid penalty points for that offence, although a course fee will be payable.

A course is not guaranteed. It is usually unavailable if the speed is too high, if the driver has recently completed a similar course or if the police decide that a fixed penalty or court proceedings should deal with the matter.

Fixed Penalties

The standard fixed penalty for speeding is usually a £100 fine and 3 penalty points. Accepting a fixed penalty normally means the matter is dealt with without having to attend court.

However, if the speed is too high, the driver already has too many points, or the case is otherwise unsuitable for a fixed penalty, the matter may go to court instead.

Court Proceedings and Fines

If a speeding case goes to court, the penalty can be higher. The fine is usually based on the driver's weekly income and the seriousness of the offence. The maximum fine is £1,000, or £2,500 if the offence was committed on a motorway.

The court can impose penalty points or a driving ban. The number of points, length of ban and amount of fine will depend on the speed, road conditions, traffic, aggravating features, mitigation and the driver's record.

Drivers With 9 or More Points

If a driver already has 9 penalty points, a further speeding offence may take them to 12 or more points. This can lead to a totting-up disqualification, usually for at least 6 months.

A driver facing a totting-up ban may be able to argue exceptional hardship, but this must be supported by evidence. The court will not usually treat ordinary inconvenience as enough. The effect on other people, such as family members, employees, vulnerable dependents or patients, may be important.

Challenging a Speeding Allegation

A driver can challenge a speeding allegation, but doing so usually means going to court. A defence may involve issues such as incorrect identification, defective signage, an incorrect speed limit, procedural errors, unreliable evidence, or the prosecution's ability to prove the offence.

Before rejecting a fixed penalty or pleading not guilty, it is sensible to take legal advice. If the case is contested and the driver is convicted, the penalty, costs and victim surcharge may be higher than the original fixed penalty.

Mitigation and Emergencies

If the driver accepts the offence but wants to explain the circumstances, mitigation may be relevant to the sentence. Being late, rushing for an appointment, or an ordinary inconvenience will rarely help. Genuine emergencies may be relevant, but they must be supported by credible evidence.

A solicitor can advise whether the facts amount to mitigation, a special reasons argument or a possible defence.

Speeding Abroad

If you are caught speeding abroad, the rules and penalties will depend on the country where the offence took place. If you are driving a hire car, the hire company may pass your details to the authorities and may charge an administration fee. You may then receive a fine directly from the foreign authority.

Penalty points from foreign speeding offences are not usually added to a UK driving licence, but fines and enforcement processes can still cause problems. You should read any paperwork carefully and take advice if you are unsure whether it is genuine, enforceable or should be challenged.

Getting Legal Advice

If you have received a speeding notice, court summons, postal requisition or notice requiring driver details, you should act quickly. Keep all paperwork, check the dates, confirm who was driving and avoid guessing if you are genuinely unsure.

Legal advice is particularly important where you may face a driving ban, already have points on your licence, dispute the allegation, were driving for work, received a late notice or are accused of failing to identify the driver.

Find a Motoring Law Solicitor

To find a solicitor who may be able to help with speeding, penalty points, a driving ban, exceptional hardship or a court summons, use the search facility, select Motoring Law and enter your location.