Speeding is one of the most common motoring offences, and it can catch almost anyone out. A momentary lapse can quickly become serious when your licence is at stake. Whether you have just been caught by a camera, received a Notice of Intended Prosecution letter from the police, or a Single Justice Procedure Court summons, our speeding Solicitors can help.
If you commit a new speeding offence while already having points on your licence, you risk a 6-month ‘totting’ ban (12 points or more). The only way to keep your licence is to make an Exceptional Hardship application, demonstrating that a ban would cause serious difficulties for you or those who depend on you. We are experts in preparing these applications and have an outstanding track record of success.
If you’re facing a speeding allegation or risk of a totting-up disqualification, contact our specialist motoring solicitors today for immediate advice on 0333 240 7373, or email [email protected], or contact us here to arrange a consultation.
What are the penalties for speeding?
Speeding offences lead to different outcomes depending on how far above the speed limit you were travelling and the circumstances. For example:
- A driver going 35 mph in a 30 mph zone: Fixed Penalty Notice with 3 penalty points and a £100 fine.
- Someone driving at 50 mph in a 30 mph zone, or 90 mph on a 70 mph motorway: likely prosecution in court, 6 penalty points or a short disqualification of up to 56 days.
- Very high speeds – 100 mph in a 70 mph limit or more than twice the limit in a lower-speed area: longer discretionary bans and significantly higher fines.
Totting up and the risk of disqualification for speeding
‘Totting up’ occurs when penalty points from multiple offences, such as speeding, add up to 12 or more within a three-year period. This results in a mandatory six-month disqualification unless the court accepts an Exceptional Hardship argument.
Common situations include:
- Having 9 existing points and committing another minor speeding offence – for example, 35 mph in a 30 mph limit (3 points)
- Having six points and committing a further higher-speed offence – for example, 50 mph in a 30 mph limit (6 points)
- Receiving several Notices of Intended Prosecution (NIPs) in quick succession (caught for speeding 2 or 3 times over a few weeks) resulting in multiple sets of points being added
Meticulous preparation is vital for a successful Exceptional Hardship application. Every potential argument should be explored, with detailed supporting letters and all relevant evidence carefully gathered and organised. It is equally important to anticipate the challenging questions that may be raised by the prosecutor or the court.
Find out more on our Exceptional Hardship Solicitors page.
Immediate disqualification for high-speed offences
Even a single speeding offence can lead to an immediate disqualification if the speed is considered excessively high. Magistrates have discretion to impose a short-term ban instead of penalty points where the offence is at the most serious end of the scale.
Examples include:
- Driving at 50 mph or more in a 30 mph limit
- Reaching 100 mph or above on a motorway or dual carriageway
In these cases, a disqualification of up to 56 days is common, although longer bans can be imposed for extreme speeds or aggravating circumstances. Effective mitigation can often make the difference between receiving penalty points and an outright ban. Our solicitors can help you present your case clearly, highlighting any personal or professional impact of disqualification to secure the best possible outcome.
Defences to Speeding
While many drivers accept a fixed penalty or short ban, others have viable defences. Common issues we examine include:
- Driver identification – whether the prosecution can prove who was driving at the time of the alleged offence.
- Accuracy of speed-detection devices – whether the radar, laser, or average-speed camera was correctly calibrated and operated.
- Signage and road conditions – whether the speed limit was properly displayed and enforceable.
- Notice of Intended Prosecution – whether it was served within the required 14-day period.
Where there are procedural or evidential flaws, it may be possible to challenge the allegation entirely or reduce the level of penalty.
Contact our Speeding Solicitors
Early intervention can often make the difference between keeping and losing your licence.
If you’re facing a speeding allegation or risk of a totting-up disqualification, contact our specialist motoring solicitors today for immediate advice on 0333 240 7373, or email [email protected], or contact us here to arrange a consultation.
Case law in action
True expertise comes from understanding not just the legislation, but how the courts have interpreted and applied it in real speeding cases.
DPP v Jones [1993] RTR 379 (DC) – involved a driver recorded at around 85 mph on a dual carriageway with a 70 mph limit. The magistrates imposed a short discretionary disqualification instead of penalty points, and the motorist appealed. The Divisional Court confirmed that magistrates have a discretion to choose between penalty points and a short disqualification, depending on the seriousness of the speed and the individual circumstances. The case demonstrates how effective mitigation and advocacy can influence which option the court selects.
Coombes v DPP [2006] EWHC 3263 (Admin) – concerned a conviction based on readings from a police laser speed gun. The defence argued that the officer had not proved the device was properly calibrated or that he had received adequate training. The High Court allowed the appeal and quashed the conviction, holding that the prosecution’s failure to prove calibration and proper operation made the evidence unreliable. The case highlights how technical or evidential flaws can lead to an acquittal.
Pace v DPP [2017] EWHC 2334 (Admin) – involved a motorist convicted on photographic evidence from an automatic roadside camera. The defence contended that the prosecution had failed to prove the camera’s approval and accuracy. The High Court dismissed the appeal, finding that the required certification and statutory conditions had been met. However, the judgment also makes clear that if a device were not properly approved, certified, or operated, such evidence could be ruled inadmissible – showing how crucial it is to check every link in the evidential chain.
These cases show that success in speeding matters often depends on detailed scrutiny of the evidence and a strong understanding of the legal and technical principles underpinning prosecution cases.
Recognised in the Legal 500 as a Tier-1 firm, Reeds Solicitors has one of the UK’s leading motoring-law teams. We have extensive experience advising clients on speeding offences, dealing with the associated paperwork, and preparing exceptional hardship applications.
With over 22 offices across England and Wales, we can represent you at any Magistrates’ Court nationwide. We offer both virtual and in-person meetings for your convenience, and clear fixed-fee options so you always know where you stand on costs.
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FAQ
It is essential to complete the paperwork correctly and to indicate that you want to make an exceptional hardship application if this applies. We can advise you fully in a consultation – either virtually or in person – after being instructed.
It is common for a driver to be offered a fixed penalty notice for speeding even when they already have 9 points. Once the fixed penalty is processed, the system will flag that accepting it would result in a totting-up disqualification. The matter is then referred to the Magistrates’ Court, and a summons (or Single Justice Procedure Notice) will be issued instead.
Whether you lose your driving licence for speeding depends on your speed and your current points. Many drivers can keep their licence through effective mitigation or an exceptional hardship argument.
Fines are means-tested, normally set as a percentage of weekly income, and can reach up to 175% of earnings (subject to the statutory maximum). The court will also order you to pay prosecution costs and a victim surcharge.
If the NIP was not served in time, the prosecution may not be able to proceed – though there are exceptions if you were not the registered keeper or the notice was delayed for valid reasons.
Yes, you can appeal to the Crown Court within 21 days of the sentence being imposed, or seek to reopen a case if you were unaware of the proceedings.
Most speeding points remain valid for totting-up purposes for 3 years, but stay visible on your record for 4 years.