Police Speeding Procedure
Police options for Speeding Offences
If you are caught speeding the police have a number of options as to how to proceed:
- The police could give you a verbal warning.
- The police may give you the option to attend a speed awareness course for which you have to pay.
- The police may issue a Fixed Penalty Notice (FPN) with 3 penalty points and £100 fine.
- You may be prosecuted for speeding, meaning you will have to go to court and will be liable to higher penalties than a FPN. A summons to court usually occurs in speeding cases where the offender was travelling over 20 mph in excess of the speed limit.
What happens if you get caught Speeding?
The attending police officer could offer you the option of taking a speed awareness course if your speed was within the threshold, which will be minor speeding violations.
You may only attend one speed awareness course in three years. If you have attended a course within the last three years before your offence you will not be able to take the course and be liable for the driving licence points and fine.
If you are stopped by the police they may issue you with a verbal warning of prosecution at the scene in which case you will not receive any written Notice of Intended Prosecution (NIP).
When a car has been caught speeding either by fixed position safety camera or mobile hand-held device a NIP and Section 172 notice will be mailed to the address the car is registered at within 14 days of the offence being recorded. You must reply using the Section 172 notice to notify the authorities who was driving the car at the time of the offence and pay the fine within 28 days. If you do not reply to the FPN within 28 days you will receive a summons to appear in court.
Not declaring on the Section 172 notice who was driving the vehicle is committing the offence of failing to give information as to identity of driver etc which carries a 6 driving licence points penalty.
In minor speeding cases the NIP will be accompanied by a conditional offer Fixed Penalty Notice (FPN). You can accept this NIP, pay the fine and take the penalty points, and the matter will be concluded. However, if you wish to contend the penalty you will have to take your case to court which could see you facing larger fines and penalty points than the FPN if you do not have a strong case.
If you are considering appealing a speeding charge and thinking of taking it to court we strongly advise you seek professional guidance from a specialist solicitor, such as our team beforehand.
Going to court for a Speeding Offence
Unlike with FPNs the police have up to six months from the date of the offence to start court proceedings against you, which they may do if you have:
- Refused to take the FPN resolution and wish to contest the charge in court
- You already have more than eight penalty points on your licence.
- You were travelling way in excess of the driving limit; which is generally taken to be more than 20 miles an hour over the speed limit.
In which case you will receive a court summons detailing the offence at which point you can state your reasons for disputing the speeding fine.