Speeding Offences

If the police stopped you, you would have been given a verbal notice of intended prosecution (NIP). This would involve the officer cautioning you for the alleged offence and explaining that you will be reported for speeding. The officer may tell you that you can expect a Fixed Penalty through the post or a summons to attend court. This, of course, depends upon the speed alleged.

• The first you learn of the offence is when the letter comes through the post. Depending on which device was used, there are ways to defend the case.
• The first letter to arrive is the Notice of Intended Prosecution (NIP). This will also be accompanied by a ‘s.172 notice’ requiring you to provide driver details. You should respond to the NIP as soon as possible as it is usually time-sensitive. Always seek legal advice before returning the NIP.

Notice Of Intended Prosecution ( NIP)

• A Notice Of Intended Prosecution (NIP) is sent via the post to the registered keeper of the vehicle within 14 days of the offence. The purpose of the NIP is to identify who the driver was at the time of the offence, you have 28 days to reply to the notice. If the NIP arrived more than 14 days after the date of offence, contact us immediately, we may be able to challenge this.

Fixed Penalty Notice ( FPN)

• Once the driver has been identified, they will be sent a fixed penalty notice. A fixed penalty notice is a conditional offer from the Police that includes penalty points and a fine. (The fixed penalty offer is not offered for drink or drug offences)

Single Justice Procedure Notice (SJPN)

• A SJPN is a process used to commence court proceedings for a motor offence. The Police have 6 months from the date of the offence to start the court process. If a driver is at risk of a ‘totting up’ ban or a ‘ discretionary’ driving disqualification, due to the high level of excess speed they will receive a SJPN. By completing  this document you can either plead guilty or not guilty. You have 21 days to reply from the date of issue. It is imperative that you seek legal advice prior to completing and returning the SJPN. If you instruct us, we will complete and submit the SJPN our your behalf.

Are You Expecting A Speeding Ticket?

To convict you of speeding, the prosecution has to prove beyond reasonable doubt that you were driving:

• A Motor Vehicle
• On a public road or in a public place
• At a speed exceeding the limit for the road
• only then can you be found guilty of driving in excess of a speed restriction.

Speed Awareness Courses

• You may only attend one course within a 3-year period. The cost of attending these one day courses varies and may in some instances be more than the £100 fine you would receive for a fixed penalty notice. A course allows you to avoid the penalty points and fine for the offence, however the course is offered at the discretion of the prosecuting body and your excess speed limit has to be within the guidelines.

Can You Challenge A Speeding Offence?

• Were you suspected of speeding? At Windmill Cross we defend motor offences throughout  England and Wales. Having  experience and knowledge of how the  Magistrates’ Courts operate we would not recommend defending a criminal case without the help and guidance of a specialist solicitor. If you think any of the defences below might apply in your case, please call us immediately for free a free initial consultation.