If you are charged with the offence of speeding, ‘Driving a motor vehicle on a road at a speed exceeding a statutory limit’, prosecution has to prove that:
- You were driving
- A motor vehicle
- On a public road or in a public place
- At a speed exceeding the limit for that particular road.
For you to be found guilty, the Prosecution has to prove these facts ‘Beyond Reasonable Doubt’.
If you were caught speeding by a speed camera:
The first indication a vehicle has been involved in a road traffic offence is the receipt by the registered keeper of a Notice of Intended Prosecution (NIP), combined with a Section 172 notice requiring you to provide details of the driver.
This may happen, for example, when a vehicle has been photographed exceeding the speed limit and the Police will obtain the address of the keeper from DVLA. Section 172 Notice will require you to return the same within 28 days giving details of the driver.
Once the notice is returned you/or the driver nominated by you will receive a Fixed Penalty Notice (FPN). If you get an FPN you can choose to plead guilty or not guilty. Same procedure will apply to the nominated driver.
If you plead guilty to speeding and accept the fixed penalty:
You’ll be issued with a £100 fine and 3 points will be added to your licence. If the speed increase was relatively minor and you have not attended a ‘speed awareness course’ during the last 3 years, instead of a fine and points on your licence you may be given the option to attend a ‘speed awareness course’.
If you plead ‘not guilty’ to speeding:
You will be required to attend court and defend the charge against you. If you are unsuccessful at court you can be issued with 3 -6 points on your licence. However, instead of the £100, your fine will depend on the speed that you were driving at and your weekly income. You may be fined up to £1000.00 and if you were speeding on a motorway you may be fined up to £2500.00.
Magistrates may disqualify you for a period between 7 – 56 days and If the driving is grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days. If no disqualification court must impose 3 to 6 points.
If there are any mitigating factors or if you believe you did not commit this offence and you wish to seek advice before you decide on your plea, please contact our road traffic solicitors on 0208 577 5491.
Please see below Revised Sentencing guidelines for speeding offences.
https://www.sentencingcouncil.org.uk/offences/item/speeding-revised-2017/
Speeding offence Codes:
Will stay on driving record for 4 years from date of offence:
Code Offence Points
SP30 Exceeding statutory speed limit on a public road 3- 6
SP40 Exceeding passenger vehicle speed limit 3- 6
SP50 Exceeding speed limit on a motor way 3- 6
Check the Speed Limits
https://www.gov.uk/speed-limits