Prosecution for a Speeding Offence
If the police intend to prosecute you for a speeding offence, you will receive a notice of intended prosecution (NIP), which can be delivered either verbally by a police officer or by post within 14 days of the offence.
Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. For a detailed explanation of the consequences of prosecution and your options for defending a speeding charge, get in touch which our expert road traffic solicitors today.
Call us on 0161 834 9494 to discuss your case.Case Study: Speeding Offence
“Our client, Anthony Landes, is a senior commercial solicitor. Without getting specialist legal advice he had pleaded guilty to speeding on the M6 in Cheshire. Although the police eventually admitted that the speed camera had not been properly type approved, they claimed that it was still accurate and Mr. Landes then came to Richard Silver for help.
As a result of Richard Silver’s intervention, and against strong prosecution opposition, a district judge granted an application to set aside the conviction and remove the points that had been imposed. Not only did the CPS then have to drop the case altogether, but also Mr. Landes’s legal costs were paid by the court in full.”
Types of prosecution
Fixed penalty notices
If you are being prosecuted for a minor speeding offence, you will usually be issued with a fixed penalty notice (FPN), which will mean at least three penalty points added to your licence and a £100 fine, although you may be offered the chance to attend a speeding awareness course instead. If you accept the FPN, you will not have to go to court. However, if you wish to challenge the notice, this will mean you have to appear in court.
Prosecution for excessive speeding
Excessive speeding is usually defined as driving at 20mph or more over the speed limit. In these cases, the police may choose to take your case straight to court. Here, you could receive a maximum fine of £1,000 if convicted, as well as up to six penalty points on your licence. If the offence occurs on a motorway, you can be fined up to £2,500. The court can also choose to disqualify you for a period that adequately reflects the seriousness of the offence.
Going to court
If you are going to attend court, it is advisable to get professional legal advice. Richard Silver Solicitors has over 25 years’ experience in this area and can advise you on how to achieve the best result.
You should still seek advice even if you wish to enter a guilty plea, as there are a number of mitigating circumstances you can raise in court to reduce the punishment you receive. For example, you may be able to argue that a serious penalty would cause you excessive hardship, for instance it would result in you losing your job or mean you are unable to carry out family or caring responsibilities due to loss of transport.
At Richard Silver Solicitors, we understand that it can feel stressful or unjust to receive an overly harsh penalty, which is why we will work hard to help the court understand your point of view and reduce the impact a penalty may have on you and your family.
Not guilty pleas
If you are pleading not guilty, our experienced solicitors can help you to present your defence most convincingly. Examples of defences that might apply include:
- You were not driving at the time the offence was committed.
- The police made an error such as failing to issue you with a NIP within the 14-day time limit, not correctly calibrating the speed trap gun or failing to include important details on the speeding ticket.
- There were incorrect or obscured speed limit signs on the road.
If you think any of these circumstances apply to your situation, Richard Silver’s expert motoring solicitors can help you gather the necessary evidence and present a robust defence case.
Contact our Speeding Defence Solicitors Manchester, UK
The motoring lawyers at Richard Silver are based in Manchester and represent drivers throughout the UK. We understand that even in the most minor speeding cases, being penalised unfairly can feel like an injustice, and we want to help you protect your legal rights and achieve the fairest outcome. To find out more about what we can do for you, contact our team on 0161 834 9494 or use our online contact form.