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Speeding Solicitors | Speeding offence Barristers
If you are caught speeding, you could be issued with a fixed penalty or a summons to attend court. Speeding can carry a driving disqualification or up to six penalty points on your licence. This page considers the most common defences used by our solicitors to defend motorists.
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- Device Calibration
- Outdated Local Orders
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Speeding is one of the most over-prosecuted criminal offence in the UK. Most motorists simply accept the points on their license. But if you know your rights, it’s always worth it to check the evidence first.
Speeding will get you three to six penalty points and a fine up to £1,000. Depending on the speed, the court might give you an immediate driving ban. If you ‘tot-up’ 12 points within a three-year period, you’ll get a ban of at least six months.
Speeding offences begin in one of two ways;
Being pulled over by the police
If the police pulled you over, they probably gave you a verbal Notice of Intended Prosecution (NIP). This would involve the officer cautioning you for the alleged offence and explaining that you’ll be reported for speeding. The officer might tell you to expect a Fixed Penalty through the post or a summons to attend court. This, of course, depends how far over the speed limit you’re alleged to have gone. If you were pulled over by the police, you’ve probably been caught on a hand-held laser device or a follow-check.
Getting a letter in the post
This is by far the most common starting point for most motorists. Police don’t stop every person they suspect of speeding, and often the information comes from an unmanned device like a fixed speed camera.
The first letter to arrive is the Notice of Intended Prosecution (NIP), along with an ‘S172 notice’ asking you to provide driver details. You should respond to the NIP as soon as possible as it’s usually time-sensitive – but always get legal advice before you do.
Why you should check the evidence
Remember: you’re innocent until proven guilty. It’s for the police and the CPS to prove the case against you (not for you to disprove it), and they’re not going to do you any favours. At the start of the case, you may only see the documents the CPS wants you to see. You usually won’t see any documents that could damage the prosecution's case against you – unless you ask for them.
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