The right response to a speeding charge is not a one-size-fits-all solution. The best strategy depends entirely on the specifics of your situation. At Motoring Defence, our expert speeding offence lawyers know that a successful outcome requires a tailored approach. This guide will walk you through four common speeding scenarios, outlining the strategic considerations for each to help you understand your options and protect your licence.

Scenario 1: The Minor Infraction (e.g., "35mph in a 30mph Zone")

The Situation: You receive a notice for a low-level speeding offence. You are likely to be offered a Conditional Offer of a Fixed Penalty, which is typically 3 penalty points and a £100 fine.

The Strategic Consideration: Your first thought might be to simply accept the points. However, the first thing to consider is whether you are eligible for a Speed Awareness Course. If you haven't attended one in the last three years and the speed was within a certain threshold (e.g., up to 42mph in a 30mph zone), the police may offer you this alternative. The course costs a similar amount to the fine, but the key benefit is that you receive no penalty points on your licence. For drivers who already have points, or who rely on a clean licence for their work, this is an invaluable opportunity. Before accepting any offer, however, it is still wise to have a solicitor quickly review the initial notice to ensure it was lawfully issued.

Scenario 2: The High-Speed Offence (e.g., "Over 100mph on a Motorway")

The Situation: You are accused of driving at a speed so high that a fixed penalty is not an option. You will be prosecuted directly in the Magistrates' Court.

The Strategic Consideration: This is a serious situation where the court has the power to impose an instant driving disqualification, often ranging from 7 to 56 days, alongside a significant fine. Here, the primary goal is often to avoid a ban. This is where the courtroom advocacy of experienced speeding offence lawyers becomes essential. They can prepare a powerful plea in mitigation, presenting your personal circumstances, your remorse, and your need for a licence in a structured and persuasive way. Their objective is to convince the court that imposing high penalty points (typically 6), while still a serious penalty, is a more appropriate punishment than an outright disqualification that could cost you your livelihood.

Scenario 3: The Disputed Allegation ("I Don't Think I Was Speeding")

The Situation: You receive a notice, but you genuinely believe you were not exceeding the speed limit, or you suspect the detection equipment was faulty.

The Strategic Consideration: This is where your legal team takes on an investigative role. You have the right to challenge the prosecution's evidence, but this requires a technical and forensic approach. Your solicitor can:

· Request and Scrutinise Evidence: They will ask for all evidence, including calibration certificates for the speed camera or laser device to ensure it was working correctly and maintained according to regulations.

· Challenge Procedural Errors: They will check if the police followed all correct procedures when operating the device. For example, laser guns can give false readings if not held steady, and GATSO cameras require secondary check-marks on the road to be clearly visible.

· Present Your Defence: If a flaw is found, your lawyer can have the case dismissed. Alternatively, if you have proof you were elsewhere, they can build a robust case to prove you were not the driver. This technical defence is almost impossible to mount without specialist knowledge.

Scenario 4: The 'Totting Up' Risk ("These Points Will Lead to a Ban")

The Situation: The speeding offence itself might be minor—just 3 points—but you already have 9 points on your licence. Accepting this penalty will take you to 12 points, triggering an automatic 6-month "totting up" disqualification.

The Strategic Consideration: This is a critical situation where you need expert speeding offence lawyers to build an "exceptional hardship" argument. This is not a defence against the speeding charge itself, but a plea to the court not to impose the mandatory ban. You must prove that a disqualification would cause suffering that is more than just an inconvenience; it must be "exceptional." This involves gathering powerful evidence—such as letters from employers, doctors, or family members who rely on you—to demonstrate that losing your licence would have a devastating impact on innocent people. This is a complex legal argument that requires careful preparation and skilled advocacy to win.

No matter the scenario, a speeding allegation deserves a strategic response. At Motoring Defence, we have the expertise to analyse your specific situation and deploy the right legal strategy to protect your licence. Before you respond to that notice, contact us for a consultation.