At Cartwright King we understand how easy it is to be caught speeding. Being found guilty can lead to the loss of your licence which will inevitably affect your quality of life and may mean loss of employment.
Everyone has the right to challenge a speeding allegation or to appeal if found guilty. Our motoring law solicitors have the essential knowledge and experience to deliver to you the advice and representation you need to protect your licence. We have offices across the UK and can assist wherever you are based.
Who do I contact?
When you become aware that a prosecution is possible you must seek legal advice as soon as possible. Our motoring solicitors are more than happy to help, so please call 0808 168 5550 for a free initial telephone consultation or email email@example.com.
Anyone who drives over the legal speed for a particular piece of road breaks the law and commits a criminal offence.
Notice of Intended Prosecution (NIP) for Speeding
There are procedures that must be followed before anyone can be prosecuted for speeding.
- You must be warned at the time of the offence about the possibility of prosecution, or;
- You must have been sent a notice within 14 days of the alleged offence outlining the possibility of prosecution.
You cannot be convicted of speeding unless a policeman has stopped you at the roadside or you have been notified by post within 14 days in a written Notice of Intended Prosecution (NIP). If you are unsure whether the rules have been adhered to, contact our motoring solicitors who will be able to assist you.
What are the speed limits?
The national speed limits for standard vehicles in the UK are the following:
- Built up areas – 30mph (unless stated otherwise)
- Single carriageways - 60mph (unless stated otherwise)
- Dual carriageways and motorways - 70mph (unless stated otherwise)
What penalty could I face?
Penalties for speeding include;
- Speed Awareness Courses
- Fixed Penalty Notice (£100 penalty and 3 penalty points)
- Magistrates Court punishment of £1000 fine (£2500 if on a motorway) and between 3 and 6 penalty points
- Disqualification from driving
A speed awareness course can be offered by the police when the exceeded speed is lower than 10% of the speed limit plus 9 miles per hour e.g. 30mph speed limit would allow up to 42mph.
If a speeding offence is prosecuted in the Magistrate’s Court, they will be guided by the ‘Magistrates’ Court Sentencing Guidelines’ where both the fine and penalty points will be determined by the speed you travelled. For example, if you exceeded a 30mph limit by over 20mph, the Magistrates Court the guidelines indicate that you could face disqualification from driving for between 7 and 56 days or 6 penalty points.
What are the defences to speeding?
Depending on the facts, there are various defences that might be raised to challenge a speeding allegation. These can include:
- Incorrect details on the Notice of Intended Prosecution (NIP)
- That you were not driving the car at the time
- That you were in an exempted vehicle attending an emergency
- Incorrect/absent road signs
- The speeding vehicle has been incorrectly identified
- Speed camera was not authorised, operating correctly or operated correctly
In addition in certain cases we may be able to put forward “special reasons” to persuade the court not to impose penalty points or a disqualification. For example;
- Driving away from an aggressive driver
- An emergency (driving somebody to hospital)
- Spiked/laced drinks
This is a particularly complex area of law and legal advice should be sought in determining whether you may be entitled to argue special reasons. If you are unsure whether you may be entitled to put forward a defence or special reason, it is important to seek early advice. Please contact us on 0808 168 5550 .
Why Choose Us?
At Cartwright King, our solicitors understand the stress that a speeding allegation can cause and the potential long term consequences that can affect you, your family and your future earning potential. We are available to support you throughout the entire process, explain the likely outcomes and fight on your behalf.
How to make contact
If you require legal advice and would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the Motoring team on firstname.lastname@example.org and we’ll get back to you as soon as possible.
Our Driving Solicitors can provide advice across the country and are happy to meet at a time and location that suits you. We also have a network of offices in Birmingham, Bedford, Bolton, Derby, Leeds, Leicester, London Temple, Manchester, Middlesbrough, Northampton, Nottingham, Sheffield and Worcester.