So many drivers have been in this position – they get distracted or they’re running late and then they see those fateful flashes! This usually means two weeks of waiting for the police to send a Notice of Intended Prosecution (NIP) for driving over the speed limit.
If the NIP arrives
It’s possible that those flashes weren’t for you; in which case, breathe a sigh of relief and be more careful in the future. If it does arrive – and it has 14 days to do so at the address of the registered keeper of the vehicle– then you have to make some decisions.
You can grit your teeth and pay a fine
Most drivers caught speeding slightly over the limit receive the offer of Fixed Penalty Notice (FPN) of a £100 fine and three points on their licences. If you decide to accept the FPN then, after confirming that you were driving, you will have 28 days from the date of receipt of the offer. If you drive a company car, the NIP will go to your employer and they’ll have to identify you. If the driver is not identified this normally results in a charge of failure to furnish information.
You don’t have to accept the FPN
If you don’t accept you’ve done anything wrong, then you can simply ignore the FPN, wait for the police to charge you and plead not guilty after being summonsed. To give yourself the best chance of avoiding conviction, you’ll need help from legal experts like Kenway Miller.
You will probably have to go to court anyway if you’re accused of travelling significantly in excess of the speed limit.
Penalty points are still serious
You may view an FPN as effectively getting away with it, but those points can be serious. You’ll have them for at least three years, and they can bump up your insurance premiums. Furthermore, if you get more than 12 points in three years, you’ll be facing potential disqualification.
Ask for a speed awareness course
If you have not attended a speed awareness course in the recent past, you may be offered one assuming you haven’t done so in the three years prior to the offence you’re accused of.
If you go to court
If you were seriously over the speed limit, or if you already have 9 or more points on your licence then you’ll have to go to court. The Court will examine your mitigating and aggravating circumstances, your previous driving record and your other circumstances. If you are convicted, the Court may impose a fine of £100 to £2,500 depending on the speed alleged and your income.
Many people think they can represent themselves in court, but this is not normally advisable because they don’t have the legal knowledge to argue their case in Court. The best route is to obtain good legal representation.