BLOG, BLOG POSTS, DRIVING OFFENCES
What Happens if you Get Caught Speeding? Here’s Everything You Need To Know
According to survey results, more than half of UK drivers admit to speeding frequently, making it one of the most common driving offences and a major contributor to fatal collisions. Whether it is because you’re running late or simply not paying enough attention, a small lapse in judgment can have serious consequences.
This blog post written by our expert motoring solicitors at DPP Law is here to guide you through what happens if you get caught speeding. From the initial notice to the potential penalties, we will cover all your rights and obligations to make sure that you are prepared to navigate what can be a stressful and complex legal process.
How Are Speeding Offences Detected?
Speeding can be detected by:
- Fixed speed cameras
- Average speed cameras that calculate your average speed over a set distance
- Mobile speed cameras operated by police
- Police officers using radar guns that can accurately measure speed
- Police officers following a vehicle at a constant distance to match its speed
What Happens if You’re Caught by a Speed Camera?
Within 14 days of being caught, you will be sent a:
- Notice of Intended Prosecution (NIP)
- Section 172 Notice.
Section 172 and Failure to Provide Driver Information
The Section 172 Notice requires you to identify the driver at the time of the offence, and if it is not returned within 28 days, you will be charged with failure to provide driver information.
This is a serious offence that carries penalties more severe than the penalties for the original speeding offence. These penalties are a fine of up to £1000 and 6 penalty points.
The 14 Day-Rule for a Notice of Intended Prosecution
For the prosecution to be valid, the NIP must be sent within 14 days of the date when the offence was allegedly committed.
There are a few exceptions to this such as if you were given a verbal warning by the police or if the vehicle is registered to a hire or lease company.
If not for these exceptions, if the NIP arrives any later than these 14 days that can be used as a legal defence.
Penalties for Speeding: Fines, Points or a Course?
Once the driver is identified, there are usually three possible outcomes for a speeding offence:
- Fixed Penalty Notice (FPN)
When you get a Fixed Penalty Notice, you can choose to plead guilty or not guilty. For a guilty plea the penalties are a £100 fine and 3 points added to your licence, which will remain on your driving record for the next four years.
You may be offered the option to attend a speed awareness course to avoid accumulating any penalty points if the offence was minor and the police believe it is appropriate.
- Court Proceedings
If the offence is too serious or if you plead not guilty, the case will go to a Magistrates’ court. Here, fines are calculated based on a percentage of your weekly income and the severity of the speeding.
The maximum fine is £1,000 for most roads, or £2,500 for motorway offences.
You also risk being disqualified from driving or having your licence suspended.
- Speed Awareness Course
If the police decide it is appropriate, and you have not been on one in the past three years, you may be offered a speed awareness course for minor speeding offences.
While you have to pay for the course, the main benefit is that you avoid receiving penalty points on your licence.
Can You Lose your Licence for Speeding?
In some cases, a speeding offence can lead to a driving disqualification.
- Discretionary Ban
For very serious offences, Magistrates can issue an immediate driving ban. This ban usually lasts between 7 and 56 days.
- Totting Up Ban
This is the most common type of ban. If you accumulate 12 or more penalty points within 3 years, you will face a mandatory disqualification of at least six months.
- New Drivers
The rules are stricter for new drivers. Accumulating 6 (or more) penalty points within the first two years of passing your test will get your licence revoked. If this happens, you will have to pass both your theory and practical tests again.
Can You Lose your Licence for Speeding?
As mentioned above, speeding fines are calculated based on your weekly income and the severity of the offence. Speeding offences are usually placed into one of three categories:
- Band A (Minor offence)
- Band B (Serious Offence)
- Band C (Excessive speeding)
How Does a Speeding Charge Affect Your Car Insurance?
The financial impact of a speeding conviction doesn’t end with the fine. Because drivers with points are statistically at a higher risk, you can expect your insurance premiums to increase for up to five years after the conviction.
You are legally required to declare any relevant motoring charges to your car insurance provider, and failure to do so can invalidate your policy.
Why You Should Seek Legal Advice?
Speeding offences might seem simple and straightforward, but they can quickly escalate and it can become a complex and stressful legal process. If you’re unsure about how to respond to a notice, whether you have a valid defence, or what the long-term impact could be, it’s worth speaking to a solicitor.
Early legal advice can help you:
- Avoid unnecessary penalties
- Understand your rights and obligations
- Prepare for a court appearance if required
Contact our legal experts
At DPP Law, we’re driven to defend you.
Our motoring law specialists understand the stress and confusion that can come with a speeding charge, and they are here to help navigate the legal road ahead with confidence and clarity
Contact us for your free, no-obligation initial consultation by calling 0333 200 7207, via our email [email protected] , or by filling out our web enquiry form below.
Let us protect your licence, your freedom, and your future.
