Speeding Solicitors

Here at Hammond Trotter Solicitors, we are expert speeding solicitors and will take a detailed look at all the evidence that has been collated by all parties in your case.

If a speed camera or trap was used we will investigate as to whether the device was properly calibrated and issues relating to distance and alignment checks. It is our aim to provide you with total confidence in your speeding defence.

How to contest a charge of speeding

Even if you are intending to contest the speeding charge you must still return the completed section 172 notice within 28 days and confirm that you were the driver of the vehicle. The following are some potential defences to a speeding charge:

You were not speeding
The speed limit was not indicated
The wrong vehicle was identified by the speed camera
You were not driving the vehicle

If you wish to formally contest the speeding charge you should seek legal advice from speeding solicitors to ascertain the chances of you winning your case. If it is decided that you have a case you should fill in the appropriate section and return the fixed penalty notice form to the address on the ‘request court hearing slip’. You will then receive a court summons.

With the court summons you will be provided with a ‘plea and mitigation’ form which must be filled in and returned prior to the court date. You have two plea options as follows and must provide notification of your choice on the form:

1. Guilty with mitigating circumstances

You are able to submit a mitigation statement by post explaining the circumstances surrounding the charge, the reason you were speeding and any reasons why you should not be heavily punished. Once in court when you have pleaded guilty this information will be presented to the Magistrates who will then decide if your mitigating circumstances are viable and take them into account when sentencing.

2. Not guilty

You will be required to make your not guilty plea at your initial hearing, whereupon your case will be relisted for trial. Your solicitor will make a request to see the prosecution’s evidence before the trial and will examine the evidence in detail, building your defence accordingly.

At your trial the prosecution must prove all of their arguments; that you were the driver of the vehicle and that you exceeded the legal speed limit. It is the job of your solicitor to prove that you are not guilty.

There is always a risk that if you are found guilty, the punishment will be more severe than those attached to the Fixed Penalty Notice. However, if you are declared not guilty, you will walk away without being penalised.

Speeding is an issue that affects thousands of people in the UK every year, in different ways. If you exceed the speed limit and have been caught in the act, you still have legal rights. If you are caught speeding by a police offer it is possible that you may receive only a verbal warning. However, depending upon the severity of the speeding you could also be:

Offered the opportunity to attend a speed awareness course. You will have to pay for this, and in doing so you will not receive points on your license
Issued with a Fixed Penalty Notice with a fine, 3 penalty points will be added to your license
Taken to court and prosecuted, if found guilty you could be fined, receive penalty points or be disqualified from driving

Procedure when caught speeding

If you are caught speeding by a speed camera or police officer with a camera and you are not asked to stop at the scene you will receive notification of the offence, Notification of Intended Prosecution (NIP) and a section 172 notice.

You must fill in the section 172 notice and disclose the identity of the person driving the vehicle at the time of the offence. You must respond within 28 days, if you do not you are committing a separate offence which could lead to a further fine and 6 points added to your driving licence or a potential driving disqualification.

A notice of intended prosecution is not required if the speeding offence happened during a road traffic accident. Upon returning the Notice of Intended Prosecution, for minor speeding offences, it is usual to receive a conditional offer of a fixed penalty notice which you can accept or you can choose to contest the speeding charge in a court.

If you were speeding considerably the police will choose to prosecute in court, in which case you will be sent a court summons. If in doubt, you can contact our industry leading firm of speeding solicitors.