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Speeding Offence Solicitors

A speeding ticket is not always straightforward — and if your licence is close to 12 points, the wrong advice will cost you it. A solicitor reviews the procedural requirements before you respond to anything.

Speeding offences — caught by fixed camera, mobile camera, or a police officer — involve strict procedural rules that must be followed by the police. The Notice of Intended Prosecution must be served within 14 days; the registered keeper must respond correctly; the speed evidence must meet the required standard. Where any procedural step was not correctly followed, the charge may not succeed. A solicitor will identify the issues before any response is made to the police or any plea is entered in court.

Fixed penalty & notice of intended prosecution Speed awareness course eligibility Totting up & exceptional hardship Free initial consultation

Speeding — the Process and Where Issues Arise

Speeding offences — from the NIP to court, and the points that can undo a prosecution.

Speeding may seem minor, but the process involves strict legal requirements — any of which can provide grounds to challenge or defeat the charge. A solicitor reviews the full process before advising on how to respond.

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The Notice of Intended Prosecution (NIP)

A Notice of Intended Prosecution must be served on the registered keeper within 14 days of the alleged offence (by post, or verbally at the scene). Where the NIP was not served within 14 days and no verbal warning was given at the time, the prosecution is barred — unless an exception applies (such as an accident at the scene). A solicitor will check the date on the NIP, the date of the offence, and the date of postage — and advise on whether the 14-day rule defeats the prosecution.

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Section 172 — the duty to identify the driver

Following a NIP, the registered keeper must identify the driver — under section 172 of the Road Traffic Act 1988. Failure to respond within 28 days, or providing an incorrect response, is itself a criminal offence carrying 6 penalty points and a fine. A solicitor will advise on the correct response — including where the registered keeper was not the driver and must identify who was, or where the vehicle is registered to a company. Responding incorrectly can create a more serious situation than the original offence.

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Speed detection device accuracy

Fixed and mobile speed cameras, laser guns, and radar devices must be properly maintained and operated within their approved specifications. ACPO guidelines specify approved distances and procedures for each device type. A solicitor can obtain the type approval certificate and the calibration records for the device and assess whether they were used correctly. Where the device was not operated within specification, or the calibration records are not available, the speed evidence may not meet the required standard.

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Speed awareness courses

For lower-range speeding offences (typically up to 10% + 9mph over the limit), the police may offer a speed awareness course in lieu of points and a fine. The course is a voluntary alternative to prosecution — accepting it does not result in points or a court appearance. It is not available to drivers who have attended one in the previous three years, and attending does not guarantee the prosecution will not proceed in all cases. A solicitor will advise on eligibility and whether accepting the course or contesting the charge is the better course.

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Totting up — 12 points and mandatory disqualification

Where a driver accumulates 12 or more penalty points within 3 years, the court must impose a minimum 6-month disqualification — unless exceptional hardship is established. Exceptional hardship is not personal hardship or the loss of a licence — it is genuine and exceptional hardship that goes beyond what is normally experienced when a licence is lost. A solicitor will assess the hardship position in detail, prepare evidence (from the driver and any affected third parties), and present the argument to the magistrates' court.

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High-speed offences and Band C fines

For the most serious speeding offences — more than 30mph over the limit — the Sentencing Guidelines place the offence in Band C, which carries a fine of 150% of weekly income, 6 penalty points, and the possibility of disqualification rather than points. A solicitor will ensure the guidelines are applied correctly, mitigate the circumstances that could push a sentence to the top of the range, and — where disqualification is threatened — advise on the exceptional hardship position and how to present it most effectively.

How It Works

Before you accept points, check whether the NIP was served in time — and whether the camera evidence meets the required standard.

A solicitor will review the NIP, the camera type and calibration, and the section 172 response before advising on whether to accept the fixed penalty, contest the charge, or run an exceptional hardship argument.

Submit Your Request
1

Tell us about the offence

Describe the alleged speed, how it was detected, the date of the NIP, and your current points total.

2

Solicitor checks the procedure

A motoring specialist checks the NIP date, camera records, and section 172 compliance — and identifies any procedural defect.

3

Free initial consultation

You receive clear advice on whether to contest the charge, accept a course, or run exceptional hardship — at no cost.

Free Initial Consultation

12 points means a 6-month ban — and the consequences of losing your licence last far longer than that. Exceptional hardship arguments must be properly prepared.

Get specialist speeding offence advice — and find out whether the charge can be defended, or the ban avoided.

Protect My Licence

Common Questions

Speeding offences — what people ask us.

I received the NIP three weeks after the offence. Is it out of time?

Possibly — a Notice of Intended Prosecution must be served within 14 days of the alleged offence. "Served" by post means the date on the NIP plus one working day (deemed service under the Magistrates' Courts Rules). If the NIP is dated more than 13 days after the offence (to allow one day for postage), it may be out of time. The prosecution will argue that it was posted in time. A solicitor will check the postage date, the postmark, and the statutory deemed service calculation — and advise on whether the out-of-time argument is available.

Can I plead not guilty to a speeding offence caught on camera?

Yes — and sometimes successfully. A not guilty plea requires the prosecution to prove the speed by admissible evidence meeting the required standard. The camera must be of an approved type, properly calibrated, operated within its specification, and the photographs or video must clearly identify the vehicle. A solicitor will request full disclosure of the camera evidence, calibration records, and type approval — and assess whether the evidence is sufficient. Many camera-based prosecutions do not withstand scrutiny when properly challenged.

What is exceptional hardship and how do I prove it?

Exceptional hardship is hardship that goes significantly beyond what normally flows from the loss of a licence — which always causes some inconvenience. Examples that can succeed: the driver is the sole carer for a seriously ill family member who depends on the driver for medical appointments; the driver's employment is of unusual benefit to vulnerable people and cannot be replaced; the loss of licence would cause hardship to others, not just the driver. The driver's own inconvenience or loss of employment is not exceptional hardship. A solicitor will assess the evidence, prepare statements, and present the argument in the most persuasive way possible.

The car is registered to my company. Who has to respond to the NIP?

Where the vehicle is registered to a company, the NIP should be addressed to the company. The company's authorised officer must respond by identifying the driver. Where the driver cannot be identified — perhaps because no one knows who was driving at the relevant time — the section 172 duty falls on the company. Failing to respond, or failing to take all reasonable steps to identify the driver, is an offence. A solicitor will advise on the correct procedure for company-registered vehicles and ensure the response is legally correct.

I am a new driver with fewer than 2 years' experience. Do the rules change?

Yes — under the New Drivers Act 1995, a driver who accumulates 6 or more penalty points within 2 years of passing their test has their licence revoked automatically. They must then retake both the theory and practical tests. This applies to all new drivers regardless of age. A new driver with any existing points who faces a further speeding charge should take legal advice before any response or plea — the consequences of revocation are more serious than for an established driver, and the threshold for losing the licence is much lower.

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