The question ‘Should I get a Solicitor for Speeding?’ is a common question many motorists will ask themselves if they have recently been stopped by the Police or have received a Notice of Intended Prosecution (NIP) in the post. The short answer is that it will depend upon your individual circumstances, and the speed you were driving. In this article we set out several different scenarios and explain if it would be in your best interest to appoint expert legal representation.
Guilty or Not Guilty?
When facing a speeding prosecution, the first decision to make would be whether you accept that you were driving in excess of the speed limit. If you are disputing the speeding offence and are firmly of the view that you were not speeding, and you enter a not guilty plea, your case will progress to trial. If you are progressing your case to trial, then in order to have a reasonable chance at being successful you should secure legal representation and attend Court with your solicitor or barrister.
Are You a New Driver?
In accordance with The Road Traffic (New Drivers Act) 1995 a motorist that passes their driving test (Practical & Theory Test) will be classed as a ‘New Driver’ for a period of 2 years and will be subject to a probationary period during the first 2 years after receiving a Full Driving Licence.
A New Driver that accumulates 6 or more penalty points within this two-year probationary period will have their Driving Licence Automatically Revoked by the DVLA.
If you are a new driver with a clean licence (no points on your licence), you accept that you were speeding and have been offered a Fixed Penalty Notice (FPN) of 3 points, then you are unlikely to need representation and the way to proceed would be to accept the FPN and have 3 points endorsed upon your licence.
If, however, you are new driver and already have 3 points on your licence and are facing another speeding prosecution, you should appoint a solicitor as soon as possible and attend Court with your lawyer. Accepting a fixed penalty of 3 points when you already have 3 points will result in a total accumulation of 6 active points which will trigger the DVLA to revoke your licence automatically.
If the offence relates to excessive speeds, such as driving at 51mph in a 30mph or 101mph in a 70mph then you will be called to attend the Magistrates’ Court, even if you have no points and you will be at a high risk of receiving a driving ban and should appoint a solicitor to represent you to avoid a driving ban.
Clean Driving Licence?
If the following apply:
- Clean licence (no active points);
- Have held a full licence for more than 2 years;
- Accept that you were speeding;
- Speeding slightly over the legal limit;
- Have been offered a Fixed Penalty of 3 Points
Then there would be no practical benefit in instructing a solicitor and attending Court. The best option would be to simply accept the fixed penalty notice of 3 points.
AGREED FEE DRIVING OFFENCE LAWYERS
Our Agreed Fees for Motoring Offence cases start from;
£1000 + VAT
Points on Your Licence?
If you think you have active penalty points endorsed on your licence, you should check exactly how many points you have on your licence by visiting: the Governments Driving Record service.
If you already have 9 active points on your licence, you will need to attend Court, because even a further 3 points will activate a ‘Penalty Points Driving Ban’ (Totting-Up) of at least 6 months. Advancing a compelling Exceptional Hardship Argument can in certain circumstances avoid this type of ban. If you find yourself in this position, then you should appoint a specialist driving offence solicitor.
If you already have 3 points on your licence and have been offered a fixed penalty of a further 3 points and you accept committing the offence, then you won’t need to attend Court or need legal representation, because this will only take the total number of points to 6.
If you already have 6 points on your licence and have been offered a fixed penalty of a further 3 points and you accept committing the offence, again you won’t need to attend Court or need legal representation because this will only take the total number of points to 9.
Specialist Speeding Solicitors
If you remain unsure of whether you need a solicitor for speeding, please call us on 03452229955 or complete our Contact Form below and a member of our team will provide you with an accurate assessment on whether you would benefit from legal representation.
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