Sentencing guidelines for speeding offences

Speed limits are in place to keep you, other road users and pedestrians as safe as possible and should always be adhered to. However, thousands of people receive speeding fines each year with the fines and penalty points varying depending on how much over the speed limit the defendant was found to be.

Below are the sentencing guidelines for speeding offences:

*For band B and C offences either penalty points OR disqualification will apply. Fines are capped at £1,000 or £2,500 if the offence took place on a motorway.

How is a speeding fine calculated?

The above fine amounts are based on the offender’s weekly income after tax and national insurance have been deducted. Whilst the fines are calculated based on an individual’s income, the court cannot order a fine in excess of the maximum fine attributed to the level of fine relevant to the offence (i.e. £1,000 or £2,500 if the offence takes place on a motorway)

For those in lower paid employment, or in receipt of financial support such as universal credit, the fine will be calculated on an amount that is deemed to represent the offender’s weekly income.

Will I lose my licence if I am caught speeding?

If it is your first speeding offence you may be offered the opportunity to attend a speed awareness course, if the offence was deemed minor, as an alternative to accepting the penalty points and fine. You may also have the opportunity to take this option again if three years have passed since the last time you attended one of these courses. You will not have to pay the fine but you will have to pay to attend the course.

If you are a new driver and you receive six penalty points within two years of passing your driving test your licence will be revoked and you will have to retake both your theory and practical driving tests again.  

If you are a more experienced driver and receive 12 or more points within a three year period you will face what is referred to as a ‘totting up’ ban. If you find yourself in this position you should obtain legal assistance as an assessment of your case may find that a ban will cause exceptional hardship, not just for yourself but for other innocent third parties.

In more serious cases you may need to retake your driving test before your licence is reinstated.

Can I dispute a speeding offence?

There are some circumstances in which you may have grounds to dispute the allegation. These include:

• you were driving over the speed limit due to a genuine emergency
• the road signs were unclear
• you were not the person driving the vehicle at the time of the offence
• incorrect details were provided on the Notice of Intended Prosecution (the letter you receive)
• you are confident that you weren’t speeding and believe that you can prove your innocence.

If you plan to dispute the speeding fine you should obtain legal advice as soon as possible.

Do I have to go to court for a speeding offence?

Speeding offences do not commonly end up at court. However, you could find yourself defending the charge at court if:

• you are found to be over the speed limit by a large enough amount
• you do not take the penalty points and pay the fine associated with a conditional offer of fixed penalty;
• The number of points likely to be imposed will put you at risk of a ban pursuant to the totting up provisions (i.e. you will get to 12 or more points); or
• you plead not guilty to the offence or dispute the offence.

If your matter proceeds through a court process (by choice or by way of circumstances relating to the offence that take a decision about the process to choose out of your control) there may be a risk that the fine and points you receive are higher than those that may have been imposed outside of the court process. If you proceed to court on the basis of a not guilty plea and are ultimately unsuccessful, the financial penalty will ultimately be higher given that you would lose any credit associated with an early guilty plea and would be liable to pay court costs.

At Stephensons we understand that a speeding conviction can have life changing consequences and can negatively affect you, your family and your employment. If you have been accused of a speeding offence and are facing disqualification, we recommend seeking specialist advice as soon as possible. Our team of motoring offence solicitors have an impressive success rate in defending speeding offences and helping clients to avoid disqualification. Call our expert team today on 0161 696 6250 to find out if we can help you.