Most drivers are guilty of creeping over the speed limit from time-to-time. Some are more frequent law breakers. With the increase of fixed speed cameras monitoring more dangerous stretches of our UK road network and the market growth of dash cams, it’s no surprise that more of us are getting caught.
Ranging from misdemeanor offences to categorically dangerous driving, nowadays a traffic officer won’t necessarily stop you, a camera will record your registration plate. Receiving the ‘notification of intention to prosecute’ (NIP) correspondence can really spoil your day.
But there are some particular processes you have to follow to minimise costs. And if you wish to contest a penalty for speeding, here’s some sage advice, in partnership with Matt Reynolds, a solicitor, higher court advocate and resident expert in road and motoring law at Astraea Legal.
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Check the NIP is intended for you
If you’re not the only one that drives your vehicle, then you need to check that you were the driver on the journey in question. The registered keeper is the person who will initially receive any notice from the police, but the NIP is to check the right driver is being contacted.
Even if you live in the same residence as the driver responsible for the car at the time, it’s not just a case of handing the NIP over in person. Whomever has their name on the letter needs to respond by post and identify the right person with 28 days. If you don’t, there’s a six-point penalty and potential disqualification on the table. You’re not admitting guilt by responding to this letter.
When the notice is reissued to the correct person, that person has the full response time available—especially helpful if they’d like to contest the notice.
Can I take penalty points for someone else?
You can, but you shouldn’t. Taking someone else’s penalty points for them is breaking the law too. While most convicted under this serve around 10 months’ prison time, the maximum sentence for perverting the course of justice is life.
Despite one in five drivers saying they would take the rap for a friend or family member, it’s also against the law to pressure someone into taking points for you. New laws on coercive control can land you in hotter water than a simple driving ban. If it would affect your work situation, you could plead exceptional hardship, which we’ll come onto.
How can I appeal a speeding ticket?
To defend your licence, whether its a clean sheet or a step away from disqualification, the following questions will help you assess whether you’re in a position to defend an allegation of speeding:
Has the NIP been served in time?
The police have 14 days to send the initial NIP. If the NIP is out of time for no good reason, it’ll be void. Sometimes there’s a genuine reason for the delay and then, it’ll be valid.
Even if you think a NIP is out of time, still respond to it. That way, you’re covered in case the delay is subsequently determined to be through no fault of the police.
Also note, there is no time limit in which to send any further NIPs triggered by a response from the registered keeper.
Is the prosecution in time?
For an offence of speeding, the police have six months to provide information relating to the charge to the court. If they submit this information late, then the prosecution would be out of time.
Is there actually any evidence before the court that you were driving the vehicle?
There must be admissible evidence before the court such as a witness, or there will be insufficient evidence for you to be convicted.
When fixed cameras have caught the offence, the photos may be supplied with the penalty notice. If not, you can request the evidence. Only the person named on the NIP can make this request and some police forces will make you plead not guilty before releasing the evidence, then insist on a higher fine.
The illegal use of cloned number plates has been known get a minority of innocent drivers into awkward positions without their knowledge. Fortunately, the increasing volume of CCTV cameras means the genuine car’s whereabouts can be corroborated fairly easily. If you believe you’re a victim of cloned plates, do what you can to obtain evidence to show where your vehicle actually was at the time of the offence. Many shops write over their CCTV footage every few days.
Is there evidence as to the proper speed limit at the time?
The prosecution must provide sufficient evidence to the court to establish the relevant speed limit. Remember that a temporary speed limit would have to be supported by legislation in force and that a speed limit can apply to the road, the vehicle or both.
Is any required signage present and adequate?
What traffic signage is required for a prosecution to be successful can be complex and can require careful scrutiny of the Traffic Signs Manual. Any road that has street lighting has a default speed of 30mph unless it is correctly signed otherwise.
In the absence of street lighting, the default speed limit is the National Speed Limit i.e. 60mph for single and 70mph for dual-carriageways.
If obligatory signage is obscured, for example by trees, or so worn that it is unreadable, the court may determine that it is inadequate and you would avoid a conviction.
Is there sufficient evidence of excess speed?
You cannot be convicted for speeding (other than for exceeding 70mph on a motorway) solely on the evidence of one witness. Corroborating evidence is required. Sufficient evidence can some from a ‘an approved device’ such as a speed camera.
The prosecution must provide evidence that the device has been approved by the Home Office and must be properly calibrated, operated properly and functioning correctly. Having said that, if the device is shown to be ‘approved’, it is more difficult to challenge the accuracy of the device in terms of operation and function. The Court of Appeal have closed many of the ‘loopholes’ around such challenges in recent years.
Is there a defence of necessity available for speeding?
The law does, in extreme circumstances, recognise a defence of necessity where the driver in driving in excess of the speed limit, can be said to be acting reasonably and proportionately in order to avoid a threat of death or serious injury.
This is a difficult and complex defence and legal advice would be advisable if you think that it might apply.
It’s also worth bearing in mind that if you have an emergency, it’s worth calling 999 and letting the police know. On-call surgeons, firefighters heading back into work for a ‘shout’ (not a shift), or partners driving heavily pregnant partners for example, may be able to defend actions through Section 87 RTRA 1984, which says “No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for fire and rescue authority, ambulance or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.”
Should I accept a fixed penalty or speed awareness course?
If you believe you have a valid defence and want your day in court, then you need to seek legal advice. A driving licence can be for employment and day to day life and the loss of it can create huge difficulties.
However, it is worth considering the current state of your driving licence and the speed alleged, prior to making a decision on how to proceed. After all, you run the risk of losing the case in court, even if the odds are in your favour (have a look at the sentencing guidelines to see what the likely sentence would be if you took the case to court and lost).
For ‘marginal speeding’ offences, you’ll be offered a speed-awareness course—if you haven’t committed a similar offence in the last three years. Though you will need to take time off work and you’ll pay for the course, these courses enable first-time or infrequent offenders to avoid penalty points.
What about a defence of exceptional hardship?
For speeds significantly more excessive than the limit, penalty points and a fine will be issued. If the points will take you over the 12-point maximum, leading to a minimum six-month ban, you may wish to pursue a plead of ‘exceptional hardship’.
This isn’t straightforward and needs to be heavily evidenced. It’s also only a defence you can rely on every three years. Yet, if losing your licence could lead to the lose of your home, for example, you would need the courts to consider your case.
Since speeding fines are issued automatically by a computer system, responding to the NIP or penalty notice will not garner any sympathy. The court is, in most instances, now the only place other humans are involved in decision-making.
When will my points expire?
The other consideration to make, in choosing whether to go to court or not, is when your points expire. Points are valid on your licence for three years, but aren’t technically removed until after the fourth year.
This means in the event you went to caught, any expired but yet-to-be-removed points put you over the maximum allowed, you could be facing disqualification for a period.
Matt Reyolds is a specialist in all aspects of motoring offences and road traffic law. Contact him for a free telephone consultation and for advice on your options. If your case has no merit, he will tell you at the outset before you have incurred any legal costs.
