Speeding

Speeding. Probably the most common of all the driving offences. Often the first you will know about it is when the letter asking for the driver’s details drops through your letterbox. You may have no idea whether or not you were speeding that day or whether you were even driving, as the letters can come weeks after the date of the offence. You may think that because a camera or a laser device says that you were speeding you have to plead guilty, but this isn’t right. Each case should be always be checked as the prosecution do make mistakes. Sometimes the prosecution do not follow the correct procedure as they presume you will simply accept it, it’s ‘only’ speeding after all – but the prosecution still have to prove you are guilty and must abide by the right procedures.

An experienced barrister will make all the difference: checking the case against you to see if there is any technical defence, representing you in court, or simply by giving you quick advice about whether you should plead guilty or accept a fixed penalty notice or not. In some cases you can also be banned from driving for committing a speeding offence, so your barrister can also help you to get the best possible sentence.

The punishment you can expect will depend on your case. The basic rules are set out here, but you really need a barrister to help reduce – or mitigate – your sentence for you, as magistrates can be persuaded to give lower sentences than this table suggests. If you have no previous driving offences, this is the starting point if you plead not guilty and are convicted after a trial. If you plead guilty, the sentences should be reduced by the court.

Speed Limit (mph)	Your additional speed, up to and including (mph)
20	+10	+20	+30
30	+10	+20	+30
40	+15	+25	+35
50	+15	+25	+35
60	+20	+30	+40
70	+20	+30	+40
Sentence
Your Weekly Income after tax and NI, or if you take home less than £110 per week, it is assumed for the fine that the weekly income is £110. The court can make such determination as it sees fit and/or use the national average of £400 for Weekly Income. (But there are many other factors that the court can consider.) You will also have to pay the prosecution costs.	Fine Starting Point 50% of Weekly Income (Range 25%-75%)   AND   3 penalty points         AND   10% of Fine Victim Surcharge (min £20, Max £120, for offences committed after 1/10/12)	Fine Starting Point 100% of Weekly Income (Range 75%-125%)   AND   4-6 penalty points OR Disqualification 7-28 days   AND   10% of Fine Victim Surcharge (min £20, Max £120, for offences committed after 1/10/12)	Fine Starting Point 100% of Weekly Income (Range 75%-125%)   AND   Disqualification 7-56 days OR 6 penalty points   AND   10% of Fine Victim Surcharge (min £20, Max £120, for offences committed after 1/10/12)

 

Update 1st October 2012

The Victim Surcharge has been increased. This is an amount payable in addition to a fine. It applies to offences committed on or after 1/10/12 and will range from £20 to £120.  You may not think that it applies to speeding, but it does and you will have to pay it. The government doesn't hide the fact that it is a revenue generation scheme. Check out the link here.