Challenge your speeding fine
The first thing to consider if you are challenging an allegation is whether you require specialist representation. At MAJ Law, we are the UK's leading firm in motoring defence. Many people faced with an allegation will often instruct the services of a general criminal solicitor without first doing their research. It is imperative that you understand the role of a specialist solicitor in a speeding case. Senior Solicitor Conor Johnstone has 10+ years experience of challenging the evidence and the police in speeding cases. Over these 10+ years our firm has developed the skills, methods and expertise to defend and avoid speeding convictions and driving disqualifications.
Notice of Intended Prosecution
If you were not pulled over by a police officer, the case against you will normally start by way of a Notice of Intended Prosecution ('NIP'). This will normally be sent to a registered keeper of the vehicle involved in the alleged offence. The police have only 14 days to serve the Notice of Intended Prosecution. If you have received the Notice outside of this period then it is imperative to take specialist legal advice. Your options can be explained and if applicable, we can make representations to the police explained that the Notice is invalid because it was not sent out in time. There are circumstances where an NIP is not received within the 14 days:
- The vehicle was involved in a road traffic collision
- The vehicle is a company vehicle
- The vehicle is a leased vehicle
Under Section 172 of the Road Traffic Act 1988, the police will say to the registered keeper (to put it simply) - "tell us who was driving. You are breaking the law if you don't". It is therefore a requirement on the registered keeper of the vehicle to provide details of who was driving. If you were driving, you can tick the box. This is not an admission that you are guilty of the offence. We speak with lots of people who over complicate things by writing back to the police. People might ask for evidence so they can name the driver, start raising irrelevant defences or issues and diminish any prospect of successfully avoiding points or a ban.
Not Sure Who Was Driving?
There will often be circumstances when someone genuinely cannot identify who was driving the vehicle. There is no section on the Notice of Intended Prosecution to explain this point. This is where you may want to send the Notice back with a covering letter explaining that you are unable to to identify the driver, and the reason as to why that may be the case.
Conditional Offer / Court Summons / Speed Awareness Course
There are various factors in a speeding case which the police will consider when deciding what to offer a motorist.
For the speed awareness course, the speed of the offence must fall within the criteria stated below:
- 30 mph up to and including 42 mph
- 40 mph up to and including 53 mph
- 50 mph up to and including 64 mph
- 60 mph up to and including 75 mph
- 70 mph up to and including 86 mph
Remember that the police will always use their discretion when deciding if you should be offered a Speed Awareness Course. You could be within the above thresholds, but not offered a course!
We are often able to make representations to the police on your behalf regarding the offer of a course. We will invite the police to offer you a speed awareness course where ordinarily they may not be made available.
Acting In Your Best Interests - Early Intervention
As we always say, take legal advice at the earliest opportunity! Do not wait for a court summons to come through your door. Always seek the advice of a specialist motoring solicitor at the point where you are notified that an offence has been alleged. You can tell us what has happened and we may advise you of a full defence, mitigating factor or a special reasons argument. It's imperative that you are provided with specialist advice regarding all of your options. The police will often make out that they have an 'open and shut' case. Common phrases like "we have evidence of" and "you committed the offence of" are used by the police at the outset of an allegation to make you feel guilty. We often respond to the police early on in speeding cases, asking for the evidence in order to apply additional pressure.
Check the Evidence
There is always the option of checking (and challenging) the evidence of the police and the Crown Prosecution Service in speeding cases. We can often force the CPS to provide all of the evidence in relation to the case (sometimes before a court hearing). We can then advise you on the best approach to defend the allegation.
Pulled over for speeding
If you were pulled over by the police, and they say it was for speeding. You do not have accept the officer's account of what happened. The police may say that they have evidence of you speeding because they followed you for a certain distance and they thought that you were speeding. An admission or apology at the roadside may be captured on the officer's body cam. This could form part of their evidence against you! The opinion of an officer normally needs to be corroborated by a recorded speed on a device like a handheld laser gun or an on-board police vehicle camera.
