Speeding is, by far, the most common motoring offence in the UK. With 20mph speed limits in place across the towns and cities of Wales and a speed camera at many major road junctions, prosecuting speeding offences is normally straightforward. Fortunately, there are some circumstances where you can dispute a speeding charge. In this article, we’ll look briefly at the law on speeding, the grounds upon which you might dispute a speeding ticket and what to do if you want to appeal. We’ll also demonstrate how #1 Motoring Solicitors can help you decide on the best course of action if you have received a speeding ticket.
Penalties for Speeding
The penalties for a speeding offence in England and Wales can be fixed penalties of £100 and 3 penalty points endorsed upon your driving licence, for which you receive a fixed penalty notice. The offer of a fixed penalty by the Police is discretionary and will depend upon the speed at which you are travelling. There is also the chance that you might be offered the speed awareness course.
For more serious offences, where high speeds are involved, you may have to pay a speeding fine based upon a multiplier of your income or even face a driving ban in extreme cases. These penalties are in place to deter drivers from dangerous behaviour that risks lives. In extreme cases, for example, motorway speeding, the speeding fine can be up to £2,500.
If you are caught speeding, you’ll receive a Notice of Intended Prosecution (NIP). This is the first step towards a formal prosecution for speeding. Failing to respond to the NIP can lead to more severe consequences, like six penalty points on your licence.
Minor errors can invalidate the case against you. For example, if you a caught speeding by a speed camera, the NIP must be sent by first-class post or recorded delivery within 14 days of the speeding offence. Mistakes can happen, whether through faulty equipment or an error made by the police in issuing a speeding ticket. If you believe you have evidence you were not speeding or that there were mitigating circumstances, you can contest a speeding ticket.
Grounds to Appeal a Speeding Ticket
Late Service of the Notice of Intended Prosecution (NIP)
The law is clear on the service of an NIP; it must be served within 14 days of the alleged offence, either personally by police officers or by first class or recorded post. If you receive your notice of intended prosecution after this 14-day period, you may have grounds to contest the fine. The prompt service requirement is to ensure drivers are aware of the offence while it is still fresh in their minds. If the NIP arrives after this period, you may have grounds to challenge the prosecution.
Faulty Camera Equipment
Speed cameras are not infallible. If you are sure you were driving within the speed limit you can ask for proof of the camera’s calibration and accuracy. The calibration certificate should be up-to-date and show the camera is working correctly. If the equipment was not properly calibrated, any evidence gathered by it would be unreliable. You should take legal advice however as challenging the calibration of a speed camera could have significant cost implications for your case.
Inadequate Speed Limit Signs
Clear speed limit signs are a legal requirement on UK roads. You may be able to challenge the fact that speeding signs are inadequate, obscured, or not visible. Roads must have signs that are easy to read and in the right place. Without such signs, a driver could argue they were not properly informed of the speed limit if the road is outside an urban or built-up area.
Necessity of Speeding
In extreme circumstances, you might be able to argue you had to speed. For example, if you were driving someone to the hospital in a genuine emergency, this could amount to a ‘special reason’ in law to avoid penalty points or a driving ban. However, these cases need robust evidence to support claim the that speeding was necessary in the circumstances.
How to Appeal a Speeding Ticket
Respond to the Ticket
Once you get a speeding ticket, do not ignore it. You must respond to the NIP within the time limits to avoid a further offence of failing to supply the driver details at the material time. This offence carries 6 penalty points.
If you intend to challenge the speeding ticket, take expert legal advice.
Seek Legal Advice
Seeking professional advice from an expert motoring solicitor can make a big difference to the outcome of your case A specialist lawyer with motoring law experience can guide you through the legal process, help you gather the evidence and represent you at your court hearing. They may also be able to argue for lesser penalty points or fines.
Going to Court for a speeding ticket
You may receive a court summons or a ‘Single Justice Procedure’ Form. You should respond to any such notice and inform the Court of why you intend to challenge the speeding offence.
Take the evidence you have with you to your court hearing to support your case, you will also be expected to give evidence and are likely to be cross-examined about your case by the prosecution. Your motoring lawyer can help in this process and can represent you in court, sometimes without you having to attend Court.
The Verdict
The court will give you a verdict on your case at the Trial date, this will usually be given immediately at the Court hearing. Please bear in mind that Magistrates Courts are keen to resolve and proceed with cases at the first Court hearing.
If you are found guilty, the court will then move to sentence you at the hearing, considering penalty points, a fine and the possibility in the most serious speeding cases a driving ban.
How #1 Motoring Solicitors Can Help
Contesting a speeding ticket can be difficult without the correct legal support. #1 Motoring Solicitors have years of experience with helping drivers contest speeding offences. Our team of experts know motoring law inside out and will give you bespoke advice tailored to your situation. From assessing your case to representing you in court, we’ll protect your rights and driving licence at every stage.
Final Thoughts
Contesting a speeding ticket in England and Wales requires expert knowledge of the law relating to speeding. Whether it’s a late NIP, incorrect camera evidence or inadequate road signs, there are sometimes reasons to contest a speeding ticket. A specialist solicitor like #1 Motoring Solicitors can help you examine your options and advise upon your chances of successfully defending a speeding offence.
Every case is different and the outcome of an appeal can depend on many factors. You can make informed decisions by understanding your rights and the appeal process. For more information, and resources or to book a consultation, contact us today.