Speeding Offence UK: Expert Legal Defence for All Speeding Charges

Many people assume speeding cases are impossible to defend. However, our experienced speeding offence UK solicitors regularly identify successful defences. Moreover, even seemingly straightforward cases often have technical defences that can secure acquittals.

1. Notice of Intended Prosecution Not Served Within 14 Days

This is one of the most common and successful defences. According to Section 1 of the Road Traffic Offenders Act 1988, the NIP must be served within 14 days. Specifically:

The 14-Day Rule:

• NIP must be posted to the registered keeper within 14 days
• Date of posting counts, not date of receipt
• If posted on day 14, this satisfies the requirement even if received later

Exceptions to the 14-Day Rule:

• You were stopped at the roadside (verbal warning counts as NIP)
• The vehicle was stolen or you weren’t the registered keeper
• You failed to update your address with DVLA

Therefore, our speeding offence UK solicitors carefully examine postal dates and DVLA records. Moreover, if the NIP wasn’t properly served within 14 days, this provides a complete defence.

2. Challenging Speed Detection Device Accuracy

Speed detection equipment must be properly calibrated, maintained, and operated. Furthermore, our speeding offence UK solicitors challenge device accuracy based on:

Calibration Issues:

• Devices require regular calibration according to manufacturer specifications
• Calibration certificates must be available for inspection
• Overdue calibration renders readings unreliable

Operational Errors:

• Officers must follow strict operational procedures
• Laser devices require specific targeting techniques
• Environmental factors can affect accuracy (rain, fog, reflections)

Device Type Approval:

• Equipment must be “type approved” by the Home Office
• Operating outside approved parameters invalidates readings
• Software versions must be current and approved

Camera Maintenance:

• Fixed cameras require regular maintenance and checks
• Film or digital storage must be properly maintained
• Camera housings must be clean and unobstructed

3. Identity of Driver Cannot Be Proven

The prosecution must prove beyond reasonable doubt that you were driving. Therefore, our speeding offence UK solicitors challenge:

Photographic Evidence Issues:

• Photo doesn’t clearly show the driver’s face
• Vehicle has multiple regular drivers
• Photo quality is poor or obscured
• Time gap between photo and identification

Witness Evidence Problems:

• No independent witnesses to identify driver
• Police didn’t stop vehicle at the time
• Conflicting accounts about who was driving

Importantly, simply failing to respond to Section 172 requests carries its own penalties. However, if there’s genuine uncertainty about the driver’s identity, this may provide a defence.

4. Speed Limit Signage Issues

Speed limits must be properly signed according to Traffic Signs Regulations and General Directions 2016. Specifically:

Repeater Sign Requirements:

• Speed limit repeater signs must be visible at regular intervals
• In 30 mph zones with street lighting, repeaters aren’t always required
• Outside built-up areas, repeater signs are mandatory

Sign Visibility and Condition:

• Signs must be clearly visible and legible
• Damaged, obscured, or missing signs may invalidate prosecution
• Temporary speed limits require proper signing

Recent Speed Limit Changes:

• If speed limits changed recently without proper notification
• Confusion caused by inconsistent or contradictory signing
• Variable speed limit signs not working properly

Therefore, our speeding offence UK solicitors inspect road layouts and signage to identify defences.

5. Speedometer Inaccuracy or Defect

Vehicle speedometers can be inaccurate, especially in certain conditions. Moreover:

Legal Tolerances:

• UK law permits speedometers to over-read by up to 10% + 6.25 mph
• Speedometers should never under-read
• Manufacturers typically set speedometers to over-read slightly

Factors Affecting Accuracy:

• Incorrect wheel or tyre sizes affect speedometer readings
• Worn tyres can affect calibration
• Recent tyre changes without recalibration
• Electronic speedometer faults

Additionally, our speeding offence UK solicitors obtain vehicle examination reports demonstrating speedometer inaccuracy where relevant.

6. Emergency or Necessity Defence

In exceptional circumstances, necessity may provide a defence. Specifically:

Genuine Emergency Situations:

• Medical emergency requiring urgent hospital attendance
• Avoiding greater harm or danger
• Responding to immediate threat to life

Requirements for This Defence:

• The emergency was genuine and immediate
• No reasonable alternative existed
• You drove only as far as necessary
• You ceased speeding when safe to do so

Importantly, this defence has strict legal requirements and isn’t available simply because you were running late. However, genuine emergencies may provide a complete defence or significant mitigation.

7. Procedural and Technical Errors

Our speeding offence UK solicitors identify numerous procedural errors that can undermine prosecutions:

Court Procedure Errors:

• Defective summons or charge documents
• Insufficient evidence disclosure
• Missing certificates or documentation
• Procedural unfairness

Evidence Chain Issues:

• No continuity of evidence from camera to prosecution
• Missing calibration certificates
• Unsigned or improperly completed documents
• Data storage or transfer errors

Expert Evidence Problems:

• No qualified expert to prove technical evidence
• Expert not available for cross-examination
• Expert evidence doesn’t meet legal standards

8. Mistaken Identity of Vehicle

Sometimes the alleged speeding vehicle isn’t yours. Therefore:

Number Plate Issues:

• Cloned number plates
• Similar registration numbers
• Incorrect vehicle make or model recorded
• Vehicle sold before the alleged offence

Vehicle Records:

• DVLA records show you weren’t the registered keeper
• Vehicle was off-road at the time (SORN)
• Vehicle had been scrapped or exported

Our speeding offence UK solicitors obtain DVLA records and vehicle history to prove mistaken identity.

9. Exceptional Hardship to Avoid Totting-Up Ban

If convicted would cause you to reach 12 penalty points, you face a totting-up ban of at least 6 months. However, our speeding offence UK solicitors can apply for you to keep your licence by proving “exceptional hardship.”

What Constitutes Exceptional Hardship?

The hardship must be “exceptional” (above and beyond normal hardship). Specifically:

To You:

• Loss of employment that requires driving
• Inability to find alternative employment
• Severe financial consequences

To Others:

• Dependents who rely on you for transport
• Employees who would lose jobs
• Vulnerable persons you care for

Evidence Required:

• Employment contracts and job descriptions
• Letters from employers
• Financial evidence
• Medical evidence for dependents
• Alternative transport assessments

Importantly, loss of job alone isn’t necessarily exceptional hardship. However, our speeding offence UK solicitors know exactly how to present compelling exceptional hardship arguments that courts accept.

Further information available in our Totting Up Ban Solicitors service.