Speeding Offences

An allegation of speeding is the most common motoring offence in the UK, and almost every driver has worried about it at some point. While often seen as a minor issue, a speeding conviction can have serious consequences, including penalty points, a substantial fine, and a significant increase in your insurance premiums. If you accumulate 12 or more points, you face a minimum six-month driving disqualification under the "totting-up" rules. For high-speed offences, the court can disqualify you immediately. Facing a speeding charge, especially one that puts your licence at risk, requires expert legal advice to ensure you explore every possible defence.

At Central Chambers Law, our senior legal consultants are experts in all areas of road traffic law, from minor speeding allegations to the most serious offences. We understand the technology used to detect speeding and the complex legal procedures that must be followed. Our function is to provide a clear, strategic defence that meticulously examines the prosecution's evidence for any weakness or error. We are specialists dedicated to protecting your driving licence.

Understanding the Offence: What is Speeding?

The law on speeding is set out in Section 89 of the Road Traffic Regulation Act 1984. It states that a person shall not drive a motor vehicle on a road at a speed exceeding the limit in force for that road. The law is strict: the only question is whether you were driving over the speed limit. Your reason for speeding is generally not a defence to the charge itself.

Speed limits can be determined by the type of road (e.g., 30 mph in a built-up area, 70 mph on a motorway) or by the class of your vehicle (e.g., vans and vehicles towing trailers have lower limits on certain roads). It is the driver's responsibility to be aware of and comply with the applicable speed limit at all times.

The Key Elements of the Offence

To secure a conviction for speeding, the prosecution must prove two fundamental elements:

1. You were the driver of the motor vehicle at the time of the alleged offence.
2. You exceeded the speed limit that was legally in force on that particular road for your vehicle.

The prosecution's case will rely almost entirely on evidence from a speed detection device, such as a laser gun, a fixed or mobile speed camera, or a calibrated police speedometer. The reliability of this evidence is often the central issue in a contested case.

How Speeding Offences are Prosecuted

The process for a speeding allegation typically begins in one of two ways:

• You are stopped by the police: A police officer using a mobile speed detection device may stop you at the roadside. They can issue a verbal warning, a Fixed Penalty Notice, or report you for the offence, which will lead to a court summons.
• You receive a Notice of Intended Prosecution (NIP): If your vehicle is caught by an automated speed camera, the registered keeper will receive a NIP and a Section 172 notice in the post. This notice requires the registered keeper to identify who was driving the vehicle at the time of the offence. Failure to respond to this notice correctly is a separate offence that carries 6 penalty points.

Once the driver is identified, they may be offered a speed awareness course (for lower speeds), a Fixed Penalty Notice (£100 fine and 3 penalty points), or, for more serious cases, a summons to attend Magistrates' Court.

Why Central Chambers Law Provides the Definitive Defence

It is a common misconception that speeding allegations are impossible to defend. The reality is that the evidence used to prove them is highly technical and reliant on strict procedures. A specialist motoring lawyer knows how to scrutinise this evidence for flaws that can lead to an acquittal.

Clients trust Central Chambers Law because we are experts in road traffic law. Our reputation is built on our ability to dissect the prosecution's case and challenge the technical evidence. Our strategic approach involves:

• Challenging the Speed Detection Device: We have the expertise to question the reliability of the device used. Was it a Home Office-approved type? Was it calibrated correctly? Did the operator use it in accordance with the manufacturer's instructions and legal guidelines?
• Scrutinising Police Procedure: We meticulously review all procedural documents. Was the Notice of Intended Prosecution sent to the correct person within the statutory 14-day time limit? Were all legal requirements met? A procedural error can be fatal to the prosecution's case.
• Verifying the Speed Limit: We investigate the legality of the speed limit itself. Was the signage correct and visible? Was the Traffic Regulation Order (TRO) that created the limit valid and properly implemented? If the limit is not legally enforceable, you cannot be guilty of exceeding it.
• Expert Court Advocacy: If your case goes to court, our skilled advocates will challenge the police evidence through cross-examination and present your defence with clarity and precision, ensuring the magistrates understand the technical weaknesses in the prosecution's case.

Our focused expertise means we are perfectly equipped to provide the intelligent, technical defence required to protect your driving licence.

Consequences of a Conviction

The penalty for speeding depends on the speed and the circumstances of the offence.

• Penalty Points: You will receive between 3 and 6 penalty points on your licence.
• Disqualification: The court has the power to disqualify you from driving, particularly for very high speeds. A disqualification is mandatory if you reach 12 points on your licence.
• Fine: The fine is means-tested and can be up to £1,000 (£2,500 if the offence occurred on a motorway).
• Speed Awareness Course: For minor infringements, you may be offered a course as an alternative to points and a fine.

Protect Your Licence with an Expert Defence

A speeding allegation can pose a genuine threat to your driving licence, especially if you already have points. The law and the evidence are far more complex than most people realise, and there may be a valid defence available to you.

Do not simply accept the penalty without exploring your options. Contact our expert motoring offence solicitors immediately for a confidential consultation and take the first critical step in building your defence.

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