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Speeding Offence Solicitors
If you are accused of a speeding offence, it is vital that you take action as soon as possible. Acting within the prescribed time frame is critical.
Although speeding offences are relatively common, the impact of a speeding offence prosecution on your life can be serious, especially if you already have penalty points on your driving licence. Speeding offence solicitors can defend or mitigate your speeding offence charge and ensure the best possible outcome for your case.
Where are offences dealt with
Speeding offences are triable summarily only. This means that they are only dealt with by the Magistrates’ Court.
What are the costs
The maximum sentence for a speeding offence on a motorway is £2,500. For any other roads, the maximum sentence for a speeding offence is £1,000.
What does the law say about speeding offences?
Section 89 of the Road Traffic Regulation Act 1984 classes speeding as an offence.
Speed limits in the UK vary depending on the road and the vehicle.
Strictly speaking, the law says that a speeding offence is committed if a vehicle is going at any speed above the limit. In reality, prosecutions for speeding offences do not normally take place until a vehicle is 10% above the speed limit.
The reason this 10% ‘rule of thumb’ is used, is that it makes allowances for factors such as speedometer error and temporary lapses in concentration. However, this is discretionary and, in theory, you can be prosecuted for a speeding offence for driving any speed over the limit.
How would I be notified that I had committed a speeding offence?
You could receive a speeding ticket either from being caught by a speed gun operated by the police or by a speed camera.
Normally, the vehicle’s registered owner should receive a Notice of Intended Prosecution (NIP) in writing within 14 days of the alleged speeding offence, as well as a document called a Section 172 notice.
Alternatively, the police could verbally inform you of the Notice of Intended Prosecution (NIP).
What do I do if I receive notification of a speeding offence?
You will need to respond to the Section 172 notice, detailing who was driving the car at the time of the alleged speeding offence. It is an offence not to respond to a Section 172 notice.
After your NIP is returned, the driver at the time of the alleged speeding offence may be sent what is called a Fixed Penalty Notice (FPN).
A FPN is a conditional offer of penalty points and a fine. Normally, this is £100 and three penalty points.
If the driver agrees that they are guilty of the speeding offence, they can accept this offer of a fine and penalty points.
If the driver does not agree that they are guilty of the speeding offence, they can go to court to contest the speeding offence charge.
What is the sentence for a speeding offence?
If you are caught speeding, you may be given a verbal warning by a police officer or asked to attend a speed awareness course, instead of being prosecuted for a speeding offence. However, this is not always the case.
As discussed above, a £100 fine and three penalty points is the norm (although this is not always the case), if the driver accepts the Fixed Penalty Notice.
If a driver does not accept that they are guilty of the speeding offence and decides to contest the charge in court, they may then receive more penalty points, a larger fine and could even lose their licence, if they are subsequently found guilty of the speeding offence. As such, we would always recommend that anyone wanting to contest a speeding offence in court seek legal advice from experienced speeding offence solicitors, as soon as possible.
If a driver was driving a significant amount over the speed limit, or they already have 8 or more penalty points on their driving licence, they may be forced to go to court.
The maximum sentence for a speeding offence on a motorway is £2,500.
For any other roads, the maximum sentence for a speeding offence is £1,000.
Anyone convicted of a speeding offence can also receive up to 6 penalty points on their licence or be disqualified from driving.
How is a speeding offence fine calculated in court?
Speeding offence fines are worked out by looking at how much the driver was over the speed limit by and how much the driver earns on a weekly basis.
The court will first determine the starting point sentence. They will then consider if this sentence should be adjusted due to any aggravating or mitigating factors.
For example, if an offender committed a speeding offence by driving 51mph or above in a 30mph zone, the starting point would be a Band C fine, together with either a driving disqualification for between 7 and 56 days or 6 penalty points.
If the offender had driven ‘grossly in excess of the speed limit’, the court could decide to disqualify them from driving for more than 56 days.
If an offender committed a speeding offence by driving between 31 and 40mph in a 30mph zone, the starting point would be a Band A fine and 3 penalty points.
The starting point for each fine Band is:
- Band A: 50% of relevant weekly income
- Band B: 100% of relevant weekly income
- Band C: 150% of relevant weekly income
What are aggravating factors for a speeding offence?
Aggravating factors, which can increase the seriousness of a speeding offence, include:
- The weather conditions were poor
- The vehicle was towing a caravan or trailer
- The speeding offence took place near a school
- The driver was driving an HGV
What are mitigating factors for a speeding offence?
Mitigating factors, which can decrease the seriousness of a speeding offence, include:
- There was a genuine emergency
- The driver has no previous convictions
Which court deals with speeding offences?
Speeding offences are triable summarily only. This means that they are only dealt with by the Magistrates’ Court.
Why do I need specialist speeding offence solicitors?
Being convicted of a speeding offence can have disastrous consequences on a person’s personal and professional life. Seeking legal advice from speeding offence solicitors experienced in dealing with these types of cases, can help you to achieve the best possible outcome in your circumstances.
What are the mitigating factors for a drug driving offence?
Mitigating factors (which can reduce a sentence) include:
- The offender has a learning disability or mental disorder
- The offender only drove for a very short distance
- There was a genuine emergency
- The offender has no previous convictions
Why do I need specialist drug driving offence solicitors?
Drug driving offence solicitors have the necessary experience and expertise to advise and defend you, if you are accused of a drug driving offence.
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