If you want to avoid speeding fines there is a chance that you can, however, it may be a lot harder than you realise.
If you have received an NIP now then we recommend speaking to a speeding lawyer before doing anything else.
Most drivers that have been caught speeding were caught be a large network of mobile and fixed speed cameras. These cameras are becoming even more high-tech every year and a camera can be found on just about any stretch of road.
These cameras include SPECS cameras which record average speeds. Cameras such as these are usually found near roadworks.
However, variable speed cameras tend to be used on smart motorways.
In April 2017, the cost of a speeding ticket changed, to be more specific, the sentencing structure changed. However, the laws surrounding speeding fines have not changed. The minimum you’re likely to be charged for speeding is still £100 add three points on your licence.
Penalties such as this are issued automatically. However, there is always the chance that you may be offered to attend a speed awareness course. Speed awareness courses cost just as much as a fine but you won’t have any points added on to your driving licence.
The most a magistrate can fine you at a court hearing is £2,500. This fine is often issued when someone has been caught speeding on a motorway. As of 2017, fines began to take account of a driver’s weekly income. This means that in order to be fined as much as £2,500 you either need to be driving well in excess of the speed limit or earn a lot of money.
A court tends to use judgement when someone is being prosecuted for speeding. This is because there may be mitigating circumstances surrounding the case.
Every road traffic case is different which means one driver may be fined a £500, for example, and another driver may only be fined £200.
If you have repeatedly been caught speeding you could be disqualified from driving. This is likely to be the case if you have built up those 12 points (or more) within 3 years.
Driving bans can last from 3 months to many years.
You may want to avoid a speeding fine by contesting your speeding ticket. However, this is potentially quite risky. If the court determines that there is enough evidence to prosecute you, you may well find that your small penalty turns into a much bigger one.
This is why you should get legal advice.
Less than 1% of cases involve contesting a speeding ticket. What’s more, is approximately 50% of those cases are successful.
If an appeal is successful it is typically due to the technicalities of the case. It can depend on when and where the fixed penalty notices were issued.
However, the case could be dropped if a driver responds to a Notice of Intended Prosecution within 14 days. If you are not sure who was in the car at the time of the alleged offence the case could be successful but it does come with risks.
This is because a court may decide they don’t believe you. What this means is they can fine the registered keeper of the vehicle.
Section 172 of the Road Traffic Act states that you are obliged to provide the full details of the driver who was speeding. If you decide that you cannot remember who was driving the court could fine the registered keeper £1,000.
They may even be issued with a ban. The offender will be issued with a Notice of Intended Prosecution automatically.
This NIP will arrive in the post. If you were caught speeding by a police officer with a hand-held camera you may be given a verbal NIP.
The only way you can avoid being issued with a speeding fine is to refrain from speeding in the first place. However, some people never seem to get caught and continue to speed all day, every day.
If you are issued with an NIP by post it needs to be delivered to the vehicle’s registered keep within 14 days. The keeper must respond to the NIP within 28 days. They will need to include all of the information that has been requested. This is the case even if they have chosen to appeal.
You can legally defend yourself against the Notice of Intended Prosecution if:
• It contains inaccurate details about the time, location or the nature of the offence
• The alleged speeding driver was not driving at the time of the offence
• The signs on the road were incorrect or missing
• The speed cameras were being misused or they were not calibrated
When it comes to contesting a speeding ticket you will need to enter your plea. A not guilty plea is likely to result in you being summoned to court.
If you think you have grounds to contest the speeding ticket you may wish to hire a lawyer. If you have enough intelligence and confidence to represent yourself you can.
However, you must make sure that you can show enough evidence to the court. If you are unable to show evidence you are unlikely to be successful.
Representing yourself can be quite a lot cheaper than hiring a lawyer. However, if you do not understand the law the magistrates won’t be happy. This is why it’s imperative that you know what you’re doing. You also need to be absolutely convinced you’re innocent.
If you are not confident that you can win your case you should seriously consider hiring a speeding lawyer.