If you have been accused of speeding, whether it is a few miles an hour over the limit in a 20 mph residential street or over 100 mph on a motorway, the courts take these types of offences very seriously and very often we see drivers required to attend a hearing in the Magistrates’ Court for disqualification even if they have had a clean licence for many years.
In most cases where your vehicle has been captured speeding, offences are initiated within 14 days of the date of the alleged offence, by a Notice of Intended Prosecution/s.172 request for driver information, more commonly known as an NIP. This is sent to the registered keeper of the vehicle with a requirement to provide information relating to the identity of the driver of the vehicle at the time of an alleged speeding offence. If you have been stopped by the police at the time of the alleged offence, you are usually given a verbal notice of intended prosecution and will not subsequently receive one in the post. If you receive an NIP, you have a legal obligation to respond within the 28 day time limit confirming the details of who was driving the vehicle or if you do not know who was driving, you must provide all information within your power as to who could have been driving. Failure to respond within 28 days could result in your being charged with an offence of failing to furnish information which attracts 6 penalty points and a maximum fine of £1000. If you are not sure what to do with the NIP our expert lawyers are on hand to provide advice.
Once the Police receive your completed NIP, they have 3 options available to them:
They could offer you a speed awareness course which is an alternative to prosecution;
They could send you a conditional offer of fixed penalty – usually 3 penalty points in addition to a fixed £100 fine; or
They could refer the case to Court.
Which option you are offered will depend on the extent of the alleged speed, whether or not you have completed a speed awareness course in the last three years and how many points you already have endorsed on your licence.
Whilst it is at the discretion of the police force involved as to which option they offer to you, in some circumstances our specialist lawyers can assist in preparing written representations to the Police regarding your eligibility.
If you have 9 or more penalty points already endorsed on your driving licence, you will not be eligible to accept a conditional offer of fixed penalty and the matter will proceed to the magistrates’ court as you will be at risk of an obligatory disqualification under the totting provisions, the minimum period being 6 months.
If your case is referred to Court, it is imperative to seek specialist advice from the very outset. It is for the prosecution to prove the allegation against you and they may not have sufficient evidence to do so. Obtaining expert advice from the outset, will mean that you are putting yourself in the best possible position to keep your licence. Our specialists have a wealth of experience in defending speeding cases and will provide clear, straightforward advice regarding any potential defence available. They have an exceptional track record of avoiding disqualifications following submission of mitigation.
If you are a ‘new driver’ and have held your full driving licence for less than two years, your licence will be automatically revoked if you accumulate 6 or more penalty points.
Whilst revocation is not a disqualification from driving, it essentially has the same effect as you will not be able to drive again until you have re-taken all parts of your driving test – this includes a theory test. If you drive for a living or need your vehicle to get to work, losing your licence can have devastating consequences. We can help, speak to one of our experts today who will provide bespoke advice regarding your case and how we can help you stay on the road.
Whether you were stopped by the police or caught by a speed camera, we’re here to help. If you want to challenge a speeding ticket, or need help to avoid a disqualification from driving, get in touch with one of our experts today. With years of experience representing drivers who have fallen foul of the UK’s speed limits, we can advise you on the best course of action. Contact us today in complete confidence for a free initial consultation on 0161 930 5151 or email firstname.lastname@example.org
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Partner & Co-Head of Crime and RegulatoryCrime and Regulatory
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