The Need for Speeding Defence: Why You Need Specialist Speeding Offence Lawyers

Speeding is the most common criminal offence committed in the UK. Most of us have seen that flash of a Gatsometer or the yellow vest of an officer on a bridge and felt that sinking feeling. For many, it results in a Fixed Penalty Notice (3 points and £100) which is begrudgingly accepted. But what happens when you are already on 9 points? What happens if you were clocked at 100mph on the motorway? What happens if you deny you were the driver?

In these situations, accepting the ticket is not a minor inconvenience; it is a career-threatening event. This is where speeding offence lawyers step in. At Motoring Defence, we don't view speeding tickets as administrative formalities. We view them as strict liability prosecutions that must be proven to a criminal standard.

If you are facing a "totting up" ban or a high-speed disqualification, simply hoping for the best is not a strategy. You need a technical defence. In this guide, we break down how we challenge the evidence, the devices, and the procedure to keep you on the road.

The "Strict Liability" Myth

Speeding is a "strict liability" offence. This means the prosecution does not need to prove you intended to speed; they only need to prove that you did. However, they still have to prove it. Many drivers assume the police equipment is infallible. It is not.

• The LTI 20.20:This is the most common handheld laser device. It requires a clear line of sight and a steady hand. If the officer "slipped" the beam (the "slip effect"), it can reflect off another surface or vehicle, giving a false reading.
• Calibration:Every speed enforcement device must have a current calibration certificate. If the certificate had expired on the day of your offence, the reading is inadmissible. As your speeding offence lawyers, we demand these certificates immediately. You would be surprised how often they are missing or out of date.

The NIP Gap: The 14-Day Rule

The Notice of Intended Prosecution (NIP) is the golden ticket for defence lawyers. Under Section 1 of the Road Traffic Offenders Act 1988, the police must serve the NIP on the Registered Keeper within 14 days of the offence.

• Day 0:The day of the speeding.
• Day 14:The deadline.

If the NIP arrives on Day 15, and you are the registered keeper (and your address details are correct at the DVLA), the prosecution is time-barred. They cannot convict you. We audit the postmarks. We check the "served" date. If the police missed their deadline by 24 hours, we can often get the entire case dropped before it even reaches court. Note: This defence usually does not apply if you were driving a company car or a lease hire, as the NIP goes to the lease company first.

High Speed Cases: Avoiding the Instant Ban

If you are caught doing significantly over the limit (e.g., 50mph in a 30mph zone, or 100mph+ on a motorway), the Magistrates' guidelines suggest an immediate disqualification of 7 to 56 days (or more), rather than points. For many professionals, a 28-day ban is manageable. For others, it is a disaster. In these cases, we shift from a "technical defence" to a "mitigation strategy." We argue against the ban. We try to persuade the Magistrates to impose 6 penalty points instead.

• Why points?If you have a clean licence, taking 6 points keeps you on the road. A ban takes you off it.
• The Argument:We present evidence of the impact of a ban on your family, your employees, or the NHS patients you treat. We show that a short ban is disproportionate to the offence, arguing that the heavy points endorsement is a sufficient "sword of Damocles" to ensure future compliance.

The "Totting Up" Nightmare

If you are already on 9 points and get caught doing 35mph in a 30mph zone, you are facing a 6-month ban under the "totting up" rules (Section 35). You cannot just accept the 3 points. You must go to court. This is where we deploy the Exceptional Hardship argument. As specialist speeding offence lawyers, we prepare a dossier of hardship.

• Loss of Employment is not enough:The courts hear "I'll lose my job" every day. The guidelines say this is a "foreseeable consequence" of speeding.
• Third Party Suffering is key:We focus on the innocent. Your children who need taking to school. Your elderly parents who rely on you for care. Your employees who will lose their jobs if the business folds. We have a formidable record of persuading Magistrates that whilst you deserve to be punished, they do not. If successful, you still get the points (taking you to 12+), but you are allowed to keep driving.

Section 172: The "Failing to Identify" Trap

Sometimes, the NIP arrives, but you genuinely don't know who was driving. Maybe it was your spouse, or a colleague. If you fail to name the driver, you are charged with Failing to Furnish Information (S172). This carries 6 points and a fine of up to £1,000. It is often worse than the original speeding ticket! We defend these cases using the "Reasonable Diligence" defence. We prove to the court that you did everything in your power to find out—checked diaries, checked bank statements for petrol purchases, checked phone location data—but it remained impossible to identify the driver. If the court believes you exercised reasonable diligence, you are acquitted of both the S172 and the speeding.

Why Motoring Defence?

Speeding law is a numbers game—speeds, dates, distances, and points. We know how to play it.

• Expert Analysis:We use video analysts to review speed camera footage for errors.
• Fixed Fees:We will give you a fixed price for representing you at the Magistrates' Court. No hourly billing anxiety.
• Honesty:If you were doing 110mph and have no defence, we will tell you. We will then focus entirely on damage limitation to minimize the ban.

Conclusion

Speeding might be common, but losing your licence doesn't have to be.

Contact Motoring Defence today. Instruct the specialist speeding offence lawyers who check every angle, challenge every reading, and fight for every point on your licence.