Speeding Offence Solicitors: Expert Representation When It Matters Most

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Speeding Offence Solicitors: Expert Representation When It Matters Most

For many drivers, a speeding ticket is a nuisance—a £100 fine and 3 points that you accept through the post. But there comes a point where a speeding offence stops being a minor administrative issue and becomes a serious legal threat. Perhaps you were caught doing 96mph on the motorway. Perhaps you already have 9 points on your licence. Perhaps you are a "new driver" within your two-year probationary period.

In these scenarios, the automated system stops. You are not offered a Fixed Penalty. Instead, you receive a Single Justice Procedure Notice or a court summons. You are facing the Magistrates.

This is the moment to instruct speeding offence solicitors. At Motoring Defence, we specialise in taking over when the stakes are high. We understand that while the facts of the speed might be simple, the law surrounding sentencing, mitigation, and procedure is complex. We are the buffer between you and the bench, using our legal expertise to minimise the damage to your licence and your bank balance.

Fixed Penalty vs. Court Summons: Knowing the Difference

The first thing we clarify for clients is why they have been summoned to court. You generally cannot "choose" to go to court just to delay things; you are sent there because the offence is too serious for a fixed penalty.

  • Fixed Penalty Notice (FPN):Usually for speeds within a lower threshold (e.g., 35mph in a 30mph). It’s 3 points and £100.
  • Court Summons / SJPN:This happens if:
  • Your speed was too high (e.g., usually 50mph+ in a 30 zone, or 96mph+ in a 70 zone).
  • You already have 9 or more points (facing a "totting up" ban).
  • You failed to accept the FPN in time.

If you are at the court stage, the fines are income-related (up to 150% of your weekly income), and the Magistrates have the power to disqualify you instantly. This is why you need a solicitor. We cannot change the speed you did, but we can significantly influence the penalty you receive.

The Single Justice Procedure (SJP): The "Hidden" Court

Most speeding cases today start with a Single Justice Procedure Notice. This is a letter asking you to plead guilty or not guilty by post/online. A single magistrate then reviews your case in a closed room, without you present.

This process is dangerous for the unrepresented. It feels like a form-filling exercise, encouraging you to plead guilty quickly. As your speeding offence solicitors, we intervene here.

  • Written Mitigation:If you plead guilty, we draft a professional "Letter of Mitigation." We don't just say "sorry." We explain the context—road conditions, traffic flow, lack of intent—and detail the disproportionate impact of a ban. We ensure the Magistrate sees a person, not just a number.
  • Requesting a Hearing:In serious cases (where a ban is likely), we advise against accepting the SJP result. We request a full court hearing. Why? Because it is much harder for a Magistrate to ban a driver who is standing in front of them (represented by a persuasive solicitor) than it is to ban a name on a piece of paper.

Saving the "New Driver": The 6-Point Trap

For drivers who passed their test less than two years ago, the New Drivers Act 1995 is brutal. If you accumulate 6 penalty points, your licence is revoked by the DVLA. You must re-apply for a provisional licence and retake both theory and practical tests.

This can happen with just two minor speeding offences (3 points + 3 points) or one moderate offence (6 points). The Solicitor's Strategy: If you are a new driver facing a 6-point offence (e.g., doing 51mph in a 30mph zone), we have a radical strategy. We often argue for a short discretionary disqualification (e.g., 7-14 days) instead of points. It sounds counter-intuitive to ask for a ban. But a ban does not trigger the revocation of your licence under the New Drivers Act. Points do. By taking a short ban, you keep your full licence once the ban ends. Only specialist speeding offence solicitors know how to navigate this loophole effectively.

"Special Reasons": Avoiding Points Entirely

Sometimes, you are technically guilty of speeding, but there was a genuine emergency. This is known as a "Special Reasons" argument. If successful, the court finds you guilty but imposes zero penalty points and zero fine.

Examples of Special Reasons we have argued:

  • Medical Emergency:You were rushing a passenger to the hospital (and no ambulance was available).
  • Fleeing Danger:You were being tailgated aggressively or threatened by another driver (road rage) and sped up to escape.
  • Spiked Drinks:A rare defence, but applicable if your ability to judge speed was impaired without your knowledge. This is a strict legal test. "I was late for a meeting" is not a special reason. We assess your circumstances to see if they meet the high evidentiary bar required by the courts.

Managing the "Bands": A, B, and C

Magistrates sentence speeding based on "Bands."

  • Band A:3 points, 50% weekly income fine.
  • Band B:4-6 points (or 7-28 day ban), 100% weekly income fine.
  • Band C:6 points (or 7-56 day ban), 150% weekly income fine.

If you are on the cusp of two bands (e.g., 41mph in a 30mph zone is Band B, but close to Band A), a solicitor is vital. We argue for the lower band. We highlight your clean driving record, the weather conditions, and the lack of danger to pedestrians to persuade the Magistrates to show leniency. Moving from Band C to Band B can save you hundreds of pounds and save your licence from a ban.

Why Motoring Defence?

We are not just "lawyers"; we are specialist solicitors who understand the mechanics of the traffic court.

  • Pre-Court Advice:We tell you if you have a realistic defence before you spend money on a trial.
  • Advocacy:We speak for you in court. We know how to address the Bench respectfully but firmly.
  • Cost Efficiency:Our fixed fees often pay for themselves by saving you from income-related fines and the increased insurance premiums that come with a ban.

Conclusion

When a speeding ticket turns into a court summons, the system is no longer automated. It is adversarial. You need a professional in your corner.

Contact Motoring Defence today. Instruct the speeding offence solicitors who know how to manage the court, mitigate the penalty, and keep you driving.

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