Most speeding cases are detected by roadside cameras, which lead to the registered owner of the car receiving a Notice of Intended Prosecution (NIP) detailing the offence along with a document called a SECTION 172 NOTICE. This notice must be returned within 28 days declaring who was driving the car at the time of the offence. Failure to do so constitutes an offence of failure to provide driver information. It is crucial for individuals to handle this aspect of the law cautiously and we have devoted a separate link dealing with just this area of law. See SECTION 172 NOTICE

Provided the NIP is completed several different scenarios can arise.

A discretionary Speed Awareness Course can be offered which upon successful completion, will avoid the need for a prosecution or endorsements. However, you will not be offered such a course if you have completed one in the last 3 years.

Similarly, Fixed Penalty Notices (FPN) can be offered for certain speeds. This is a conditional offer of a fine and penalty points. This is usually £100 fine, and three points on your licence, with exceptions for drivers with nine or more points on their licence, who face potential disqualification. If you are at risk of disqualification, we can help you keep your licence. SEE TOTTING PENALTY POINTS

Alternatively, you may receive a SINGLE JUSTICE PROCEDURE NOTICE (SJP) whereby you are invited to indicate how you intend to plead to an offence of speeding. You will be provided with a few options in respect of your plea. It is important you complete this document accurately to reflect your circumstances and we strongly urge you to take legal advice as the response can be used as evidence in court. We are often contacted after a response has been sent whereby the information advanced has not explained the full picture and can sometimes undermine a valid defence or mitigation.

The sentencing guidelines for speeding applied by Magistrates Courts are shown in the table below.

Speed limit (mph)	Recorded speed (mph)
20	41 and above	31 – 40	21 – 30
30	51 and above	41 – 50	31 – 40
40	66 and above	56 – 65	41 – 55
50	76 and above	66 – 75	51 – 65
60	91 and above	81 – 90	61 – 80
70	101 and above	91 – 100	71 – 90
Sentencing range	Band C fine	Band B fine	Band A fine
Points/disqualification	Disqualify 7 – 56 days OR 6 points	Disqualify 7 – 28 days OR  4 – 6 points	3 points

The guidelines although set out in writing can be deviated from in circumstances where the facts of the case or the mitigation of the offender warrant it, we are able to assist in persuading the Court to sentence in a way which is most suitable in your case. Please do contact us now for a discussion with one of the partners about how we can help.

Penalty points remain on your licence for three years starting from the date of the offence. If you accumulate twelve or more points within a three-year span (or just six or more if you have been driving for less than two years), you face either disqualification from driving or licence revocation.