We can help you from the moment you are charged or summonsed for a speeding offence. Getting expert legal advice and insight should be your top priority, and our team has guided lots of people like you through the process and resolved the matter successfully.
Have you received a Section 172 notice of intended prosecution (NIP) or been stopped at the road side for exceeding the speed limit?
Depending on the speed registered, the punishment can result in a disqualification from driving or penalty points being recorded against your licence. The sentencing guidelines table published by the Sentencing Council that every court will refer to when deciding on what punishment to impose can be found here https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/
Who receives a conditional offer of fixed penalty (FPN)?
A conditional offer of fixed penalty is issued to the road user caught speeding once their identity has been confirmed through the notice of intended prosecution reply. For a speeding offence the conditional offer of fixed penalty will be 3 penalty points and a speeding fine totalling £100. There is a 28 day’s time period to accept this offer. Once the fine is paid and the licence is posted to the relevant address for the points to be recorded against it then the matter is closed. If the offer is either refused or ignored then the case will proceed to court where single justice procedure notice paperwork will be posted out to the defendant requesting a plea by post. If it is either a plea of guilty at Court or a conviction after trial then the fine will be calculated on weekly income which can easily exceed the fine amount offered in the conditional offer of fixed penalty. This fine would be reduced by 33% if a guilty plea was entered at the first available opportunity. Details on how to pay the fine can be found at https://www.gov.uk/speeding-penalties
What will happen if I have to go to Court?
The Courts mainly work on the basis that the greater the speed the higher the chance of an immediate disqualification from driving as well as the Court taking into account mitigating circumstances and any relevant previous convictions. Should the driving licence already have live penalty points on it then any further points be added to the licence by the court could result in the defendant becoming a ‘totter.’ This would only apply if the penalty points on the licence reached 12 or more. Should this occur then the Court are bound by law to disqualify the defendant from driving for a minimum period of six months unless ‘exceptional hardship’ can be shown. Should you face a Court hearing for any speeding offence then do contact us as we have an excellent record in ensuring our clients do not face the major inconvenience of receiving a driving ban from the Court.
What is the impact on being disqualified from driving for 56 days or more?
Should a person receive a period of disqualification of 56 days or more then the responsibility lies on them to send their licence to the DVLA and they will then have to re-apply for the licence to be sent back to them once the period of disqualification has expired. You may also have to re-take your driving test or be ordered to undertake an extended re-test.
What am I required to do by law once I receive a notice of intended prosecution?
The relevant police force to where the offence has taken place have a statutory requirement under the Road Traffic Offenders Act 1988 to send the NIP to the registered keeper of the vehicle within 14 days of the offence occurring as long as a police officer did not stop the driver at the roadside and issue a speeding ticket after the infringement has occurred. Once received the registered keeper is required by Section 172 of the Road Traffic Act 1988 to complete the form with details of the driver of the vehicle at the time of the alleged offence. If this form is not completed and returned within 28 days then this can result in the registered keeper being summonsed to court for an offence of failing to provide driver details (MS90) where six penalty points and a fine would be the punishment. There is a potential defence available to this charge if it is possible to prove to the court that it was not reasonably practicable to provide the information required.
How long do penalty points remain on your driving licence?
Penalty points will stay live on your driving licence for a period of three years but still show as expired points for a further year.
How can I avoid penalty points being recorded against my licence?
A not guilty plea could be entered, as a defence maybe available if the police haven’t followed procedure correctly or either the speed camera or handheld speed gun recording equipment can be proved to be not working correctly. However, another way to avoid penalty points being recorded on your licence is to accept the police offer of a speed awareness course. You would only be allowed one course on average every 3 years and would only qualify for the course if the speed was no greater than 10% plus 9mph over the limit. Once the speed awareness course has been accepted then you need to attend the course and complete it to the course providers satisfaction.
Contact us today
Being charged or summonsed for a speeding offence should not be taken lightly. Acting quickly to get an expert team on your side can help minimise the disruption and uncertainty. Get in touch to set up a meeting today.