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Speeding ticketsBack

SpeedingSpeeding is one of the main factors in fatal road accidents. In 2013, 3,064 people were killed or seriously injured in crashes where speed was a factor.

But many accidents could be avoided if drivers follow the rules.  Speed limits are put in place for a reason therefore slowing your speed down by a few miles per hour can be the difference between life and death.

Below, Trusted Dealers takes a detailed look at how speeding fines work and offers motorists advice on what to do should they get fined.

The speeding law

The law on speeding is that you must not drive faster than the speed limit for the type of road and your type of vehicle. Drivers should be mindful that the speed limits set are the absolute maximum, therefore it doesn’t always mean that it’s safe to drive at this speed in all conditions.

How speeding fines work

If you exceed the speed limit by too much you are breaking the law, and if you are caught on a speed camera or by a police officer, the following could occur:230913 Speed limits

  • You could be given a verbal warning by police officer if you are spotted on the road.
  • You could be asked to attend a speed-awareness course which you will be expected to pay for. The cost of the course costs approximately £100 to attend.
  • You could be issued with a fixed penalty notice (speeding ticket) which will be a £100 fine and three penalty points automatically on your licence.
  • You may be prosecuted for speeding if you are exceeding the current speed limit by a considerable amount. You would then have to appear in court, and it could lead to a fine of up to £1000, or £2500 if you were found speeding on a motorway. Between three and six penalty points will be added to your licence and you may even face a driving ban.

The Association of Chief Police Officers (ACPO) suggests the following when enforcing speed limits:

Speed Limit Minimum speed for ticket Minimum speed for prosecution
20mph 24mph 35mph
30mph 35mph 50mph
40mph 46mph 66mph
50mph 57mph 76mph
60mph 68mph 86mph
70mph 79mph 96mph

 

070613 Speed cameraWhat happens after you’ve been caught?

You will be sent a notice of intended prosecution (NIP) outlining the offence together with a document called a section 172 notice. Regardless of whether you agree with the NIP you must complete section 172 notice declaring who was driving the car at the time of the offence within 28 days. Once the NIP has been returned you’ll receive a conditional offer of a fixed penalty notice (FPN) which you can either pay  and accept the penalty point, or you can contest the fine in court.

When might you be summoned to court?

If you already have eight or more points on your licence or you were driving well above the speed limit, you may be summoned to attend a court hearing. The police have up to six months to issue the summons.

Can you contest a speeding ticket?

If you disagree with the charge you have the right to contest the ticket, but it is worth noting that a fine is very likely to be overturned unless you can prove the following:

  • You were not speeding
  • You were not driving when the offence took place
  • There was no proper warning of the speed limit at the time the offence took place
  • The vehicle caught speeding was not yours
  • You car was stolen and was being driven by someone else

It’s worth seeking legal advice before you embark on a court hearing, to find out whether you stand a good chance of winning, and what the consequences will be if you lose.

How to contest a speeding ticket

In order to contest a speeding offence in court you must complete a plea and mitigation form, providing a legal expert thinks you have a strong case. On the form you can either SpeedLimitplead guilty with mitigating circumstances or not guilty.

Pleading guilty:

If you plead guilty with mitigating circumstances, providing you are not facing a driving ban, you may be able to do this by post. Your statement of mitigation will outline why you
were speeding and why you think this warrants a more lenient penalty. The information will be presented in court where a magistrate will decide whether to impose a lighter punishment.

Pleading not guilty:

At the hearing, you’ll be asked if you wish to call any witnesses and your case will be scheduled for a trial. You or your legal representative will attend the trial to defend your plea, although you may be given the option to conduct the initial process by post, in which case you won’t need to attend the hearing.

You have the right to request evidence of the speeding offence from the police and prosecutors prior to the hearing, which can be helpful to your defence if you can’t remember who was driving, believe an error was made identifying the vehicle or you think a mistake was made when your speed was recorded.

At the trial, the prosecution must prove you were the driver of the vehicle at the time the offence took place and your speed exceeded the limit for that stretch of road. If you’re found guilty you can be fined up £1,000 (£2,500 if you were speeding on a motorway), between three and six penalty points can be added to your licence and you may be disqualified from driving if you were more than 30mph over the limit.

BlackBox insuranceHow to avoid speeding fines

The best and safest way to avoiding a speeding fine is to obey the speed limits. A dedicated sat nav, sat nav apps and some on board computers will be able to provide alerts when you break the speed limit prompting you to slow down. The same devices will also be able to flag up when you are approaching a speed camera, providing you with time to check your speed before it’s too late. If you are a new driver, it is advisable to invest in Black Box Insurance. It will help reduce your insurance premium whilst providing an incentive to stick to speed limits.

 

 

Posted by Leana Kell on 04/11/2016