What should I do if I am caught speeding?

What Should I Do If I Am Caught Speeding?

If you have recently been notified that you have been caught speeding, whether in a letter received through the post or by a police officer at the roadside, you may be worried about the penalty you may receive and how this may affect you. If you are concerned that you may be disqualified from driving, do not panic. Having assisted many drivers in the same situation, we understand how best to avoid or minimise the penalty received based on the unique circumstances of each case. In this article, we will explain what to do if you are caught speeding, how to deal with the matter, the possible penalties, and the defences that may be available to you.

What should I do if caught speeding by a speed camera?

If your vehicle has been photographed by a speed camera for speeding, you will receive a ‘Notice of Intended Prosecution’ and a Section 172 notice by the police within 14 days of the offence. The Section 172 notice requires you to confirm who was driving the vehicle caught speeding within 28 days. If you do not return the form in time, further action may be taken against you, and you may have to go to court.

Once you have returned your completed Section 172 form, the police will then decide, based on the details of the offence, whether you should receive a fixed penalty notice (FPN) (also referred to as a ‘conditional offer’) or go to court for a judge to decide on the matter.

What should I do if stopped for speeding by the police

If you have been caught speeding by the police, they have 3 possible ways of dealing with the matter:

• Give you a verbal warning

• Issue you with a fixed penalty notice (FPN), or

• Order to you to go to court

Always cooperate with any police officer you interact with, whether on the roadside or at a police station (e.g., if you need to provide your driving licence).

How will the police deal with my speeding offence?

You will receive either a verbal warning (if stopped by the police), an FPN, or an order to attend court and/or a speed awareness course. The following sets out how the police deal with speeding offences:

Limit Device tolerance Fixed Penalty (Speed Awareness Course not required) Speed Awareness Course, if appropriate Court summons at or above

From To

What to do if you receive a fixed penalty notice for speeding

If you receive a fixed penalty notice, you will have the choice to plead guilty or not guilty to the speeding offence. It is important to bear in mind that pleading not guilty will normally result in you needing to attend court, and you may receive a harsher penalty as a result. If you are unsure whether to plead guilty or not guilty to an FPN, please contact one of our friendly and highly experienced motoring offence Solicitors for advice.

If you plead guilty, you will be required to pay a fine of £100, and you will either have 3 points added to your driving licence or be ordered to attend a speed awareness course.

If your speeding offence means that the number of points on your licence is 12 or more, you may be disqualified from driving. If you are within 2 years of passing your driving test, your driving licence will be revoked if you now have 6 or more penalty points.

What to do if you receive a court summons for speeding

A court summons is a letter stating where and when you must attend court to have your speeding offence heard and decided on by a judge. At this stage, you will be asked to enter a guilty or not guilty plea. You may have the option of providing your plea by post. If the number of points on your licence will reach or exceed 12, then you will almost certainly need to attend court in person to have your matter heard.

If you plead guilty, the judge will then make a decision on your speeding offence.

If you plead not guilty, a date for you to attend court will be provided, allowing time for the Crown Prosecution Service (CPS) to provide any evidence gathered to the court.

If you have been summoned to court for speeding, it is imperative that you engage the services of a motoring offence Solicitor who can advise and represent you throughout the court process.

What are the possible defences to a speeding offence?

There are several possible legal defences available to those caught speeding, including:

• You were speeding for a legitimate reason (e.g. a medical emergency)

• Poor quality evidence presented by the CPS or evidence is not provided to the court in time

• The NIP was not served within 14 days

• You were not the driver of the vehicle

• Your licence plate was cloned

• You no longer own the vehicle

• The road speed signage was unclear or misleading, or

• The speed camera was not calibrated or used correctly

Can I request photographic evidence of my car speeding?

You can request photographic evidence from the appropriate police force, but it is not legally obliged to provide it. Each force uses its own guidance, so while one force may provide evidence, another may not. Many police forces will not release photographic evidence of a speeding offence unless you plead not guilty.

Final words

Our best piece of advice if you have been caught speeding is not to panic. We have helped many drivers in the same situation to avoid a penalty or have their penalty significantly reduced. If you are facing potential disqualification, we will create a defence case to reduce this possibility. We may be able to argue, for example, that you would experience exceptional hardship if you cannot drive and that you should be able to continue doing so.

If you have any questions regarding this article, please call us on 0300 3732424. If you have been arrested and require police station representation, please call our emergency number 0300 373399.