What Points Are You Likely To Receive From A Speeding Ticket? Speeding offences and speeding tickets frequently only lead to a three or six point endorsement on your driving licence, but in some circumstances they can lead to a total driving ban (at the discretion of a magistrate).
The discretion available to the magistrates means just that, even if you have had a clean driving licence before the speeding event in question, they could in theory decide to ban you if they feel the circumstances justify that action. Aggravating circumstances can include the type of area that you were caught speeding in and your excess speed.
What If You Already Have Points On Your Licence? There is a much greater chance of you being banned if you already have points on your driving licence. If you already have nine points, three more points can lead to a totting up ban as you will exceed the 12 points limit at which you will be lose your driving licence.
Not The Driver? If you were not the driver at the time that the speeding ticket was issued you must return the Section 172 notice with the details of the driver within 28 days.
Conditional Offer. If you receive a conditional offer from the police force of a fixed penalty notice and you do not want to accept it you will need to find out the appeal procedure for the police force in question and take the necessary action within the time limit. You should find out their procedure as soon as you receive their conditional offer.
Court Appearance. Once you know the police force's procedure, or if you receive a summons, you will need to confirm that you are contesting the summons and provide your statement in mitigation. Before doing this you should obtain legal advice to ensure you are not damaging your prospects of successfully defending the speeding ticket.
Your legal adviser will explain that you can either accept that you are guilty and put in a statement in mitigation, or that you enter a not guilty plea.
Evidence Of The Speeding Offence. You can request evidence of the speeding offence if you were not driving, believe that an error was made in identifying your speed, or believe that an error was made in identifying your vehicle.
The Hearing. At the hearing the prosecution must prove that you were the driver of the vehicle and that you were exceeding the speed limit at the time of the alleged offence.
The Magistrates can impose a fine of up to £1,000 (£2,500 if you were speeding on a motorway) as well as three to six penalty points on your driving licence. However, as already mentioned they can also disqualify you.
Take Expert Advice. Most people cannot afford to lose their driving licence both for their employment and personal reasons. You should seek specialist legal advice to provide you with the best prospects of retaining your driving licence.
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Fighting Speeding Tickets? Need to know about
Mobile Phone Driving Offences? Nicholas Jervis is a Solicitor (non-practising) and consultant to Gray Hooper Holt.
