Every single year more and more drivers seem to be getting caught speeding. This may not necessarily be down to drivers breaking speed limits, it’s more than likely due to variable speed limits and more advanced speed cameras.
However, if you get a Notice of Intended Prosecution you might not understand exactly what you have to do next. The good news is we can help you work out what to do and understand whether you need to pay the speeding fine or hire a lawyer.
Got a speeding ticket? What you should do next is contact us if you’re unsure what steps you need to take or something doesn’t seem right.
If you are caught speeding there are 3 things that may happen:
A Notice of Intended Prosecution is a document that the police send out. The vehicle’s registered keeper will receive the NIP regardless of who was driving at the time of the alleged offence.
The NIP goes into detail about the speeding offence and it also mentions what you should do next. If you were stopped by the police for allegedly speeding you won’t receive an NIP.
This is also the case if there was an accident because you were speeding.
According to the law in England and Wales, anything over the speed limit can result in a driver receiving a speeding ticket. In other words, if you were travelling at 31mph in a 30mph zone you could receive a speeding ticket.
However, in reality, the police usually give drivers a buffer of around 10% plus an additional 2mph. It should be noted that this is completely at the police officer’s discretion.
Speeds that exceed the limits by a lot could result in a court summons and subsequently prosecution.
Since April 2017, the law surrounding speeding has changed. The minimum fine is now £100. However, if you were speeding excessively or dangerously you could pay up to £1,000.
If you were speeding excessively or dangerously on a motorway you could pay up to £2,500. In some cases, you might have to pay up to 50% of your weekly income.
A speeding ticket usually results in 3 points added to your licence. However, if you were deemed to be speeding excessively you could see 6 points added to your licence.
If you have at least 8 points on your licence there’s a chance the police could try to prosecute you. What this means is you could potentially end up being disqualified from driving.
If you are convicted of a minor offence you could be offered a speed awareness course. This will mean that you won’t get points added to your driving licence.
However, you will still have to pay a £100 fine. Usually, you have to be offered a place on a speed awareness course, however, our lawyers have managed to get the police to accept a course for drivers when they haven’t been offered one.
In some cases, you will only be eligible to attend a course if you have not been convicted of speeding in the last 3 years. If you weren’t travelling more than 10% plus an addition 9mph over the limit you might be offered a course.
If you were speeding and you have no defence you might want to accept the speeding ticket. However, if you were not speeding or you were not driving the vehicle you might want to contest it.
If you were not driving you won’t be liable for the fine. This is also the case if your car had been sold or stolen at the time.
It is up to you to tell the police who the driver of the vehicle was. You cannot legally accept any responsibility for someone else speeding.
If you decide not to provide the other driver’s details six points could be added to your driving licence. Alternatively, you could be banned from driving.
If you were not speeding you will have to prove this. Some people have tried to use the defence that they did not realise they were speeding.
Unfortunately, this will not wash with the courts. If you were not speeding you will have to prove that the police officer or the camera made a mistake when you were issued with a ticket.
Alternatively, if you were speeding you could plead mitigating circumstances. For example, you might have been driving someone to the hospital or there was another emergency.
If this was the case you should mention this in the NIP and send it back to the Police.
The law in England and Wales states that you must be sent the NIP within 14 days of the alleged offence. This time period does not include the day of the alleged offence.
If the date on the NIP is outside of this time limit then it will be invalid. However, if you bought the car very recently or it’s a company car and the previous registered keeper received the letter the 14 day loophole is still valid.
Please note that some people have managed to have their NIP invalidated. They have managed this by responding to the Police and stating that the notice is indeed invalid.
While this might not work for everyone, it could be worth a try. If you’re unsure as to what you should do please speak to one of our lawyers.
Got a speeding ticket? what you should do next:: When the NIP arrives you will need to complete the section 172 notice that confirms who was driving.
This is the case even if you were not the driver. You need to return the NIP to the police within 28 days.
After this, you will receive a Fixed Penalty Notice offer. If you are eligible to attend a speed awareness course the notice will mention this.
However, if you are not offered the chance to attend a speed awareness course you might have to accept the fine and some points. Did you know that our lawyers have got the police to accept a speed awareness course even when they were not offered one?
If you are offered a course you will need to take it within 4 months. If you accept the FPN you will need to pay your fine within 28 days.
Please note, insurance companies don’t like drivers who have their licence taken away from them, even temporarily. This may cause future insurance premiums to rise.
When filling out future applications for car insurance you will need to declare if you have ever been banned or disqualified from driving.