Stopped for speeding?

Over 100,000 motorists are caught speeding each year, many have attended speed awareness courses, many were fined and received points on their licence and some have faced a driving ban.

If you suspect or know you have been caught speeding here are some useful facts about what will possibly happen next-

The issue of the speeding ticket.

Under present Law you are liable for the ticket the moment you are caught, but that's not always the case.

The National Police Chiefs Council recognise that in some cases minor infringements may be down to other factors such as speedometer calibration and suggest that police forces do not prosecute a driver caught within 10% excess of the speed, but this is just a guide, you may be penalised whatever your infringement unless you are speeding in the jurisdiction of a force that follows this guidance.

What are the ways in which speeding drivers are caught?

Since they came into force most offenders are caught by speed cameras, the driver will be warned of a camera in advance and you may know if you have been caught as the camera will emit two flashes when you drive by.

Some forces use mobile speed camera units, normally positioned on accident black spots, and are recognisable by their bright yellow markings.

Average speed camera systems, normally found on duel carriage ways or motorways, will work out your average speed over two given points.

Speed traps, which are not used very often, work by strips being laid on the road that measure your speed, they work in conjunction with a camera.

The final way is by a police officer, to be able to stop you for speeding a police office will need evidence of your speed, this is normally achieved with a camera recording your speed, however on a motorway the officer does not need to record your speed, his testimony is enough. Before the advent of the speed camera the speed gun was very evident on our roads and these are still used and work by the police officer pointing the gun at an oncoming vehicle, the officer will then radio ahead to a waiting patrol car with a description to pull the vehicle over.

What happens after I am caught?

When you are caught speeding the police will obtain your details from the DVLA and a notice to prosecute will be sent, if you are the vehicle owner you will receive this.

It is your responsibility to complete the notice informing the police of the driver's details, this must be accurate or you could be prosecuted and receive a custodial sentence.

Assuming you were the driver at the time of the offence you will need to confirm your details, in response to your reply you will be offered a place on a speed awareness course. A fixed penalty notice or a court summons, depending on your offence or history.

The exception to this is when you are stopped by a police officer; they can issue a notice at the time or advise otherwise.

It's your right to reject the notice, you have 28 days to complete it, if you do reject the notice you will need to attend court to plead your case.

What will the fine be?

Normally a fixed penalty notice will result in a £100 fine plus three points on your licence but if you attend court the fine can be much worse up to £1000 or if speeding on a motorway up to £2500 and you could have your licence taken away.
Speed awareness courses are offered by several forces around the country, ok it's an inconvenience to attend the half day course and you do have to pay for it, but it's less than a fine and you do not receive any points on your license, some insurers do ask if you have attended a course but most don't, so when renewing your car insurance shop around.

The right of appeal.

Yes, you can appeal, but you must go to court to do so, pleading not guilty means your case will go before the Magistrate or Judge, be aware of the consequences of taking this course of action

- You need a defence that disproves the police evidence.

- Costs will be higher as you may need to hire experts and professionals.

- If you lose the penalty is likely to be higher.

You can appeal pleading guilty with mitigating circumstances, take advice before you do this and check to see if your mitigating circumstances are credible, 'Tesco was just about to close', will not work, in fact being late at all will not work, wife having a baby or medical emergency may sometimes work.

I have 9 points!! - If this is the case at the time of the offence you will not be issued with a Fixed Notice, you will be issued with a court summons, normally a driver with 12 points will be disqualified from driving for 6 months, the only exception is if the ban will inflict others with exceptional hardship, this could be work or family.

How does it work if I am caught speeding abroad?

If you are in a hire car, the police will normally contact your car hire company and obtain payment through them via your card details or obtain your details and contact you direct, the fines and charges differ country to country and quite often you will have an administration charge levied by the hire company, it is unlikely you will receive any endorsement on your license.

If driving your own car.

This will normally occur in Europe, and the rules are set to change, at the moment not much normally happens, from May 2017 new agreements are set to come into force with the exchange of information between police forces.