The arrival of a speeding ticket, formally known as a Notice of Intended Prosecution (NIP), is an unwelcome sight for any driver in the UK. It is a moment that often brings a sinking feeling, followed by the immediate temptation to simply pay the fixed penalty, accept the points, and try to forget about it. While this can seem like the easiest option, it is not always the wisest course of action.
The world of speeding offences is filled with common myths, misunderstandings, and "pub talk" that can lead drivers to make poor decisions that jeopardise their licences. Knowing the reality behind these myths is the key to protecting your driving record. Before you accept guilt for an offence, it is vital to understand your true legal position and your options. At Motoring Defence, our specialist speeding offence lawyers spend every day helping drivers challenge incorrect allegations, navigate complex procedures, and protect their freedom to drive.
The Myth: This is perhaps the most widespread belief. Many drivers assume that the evidence from a speed detection device—whether it’s a fixed Gatso camera, a mobile laser gun, or an average speed check system—is infallible and cannot be challenged in court.
The Reality: This is completely false. All speed detection devices are complex pieces of equipment that must be approved by the Home Office, calibrated regularly, and operated correctly by the police according to strict legal and manufacturer guidelines. A valid legal defence can be built around proving that the device was not functioning correctly or that the procedure was not followed. An expert lawyer can formally request and scrutinise the calibration certificates, maintenance logs, and other technical evidence to look for flaws that could render the reading unreliable. The specialist speeding offence lawyers at Motoring Defence know exactly what to look for in the prosecution's technical evidence to identify potential faults that can lead to a case being dropped entirely.
The Myth: A driver might receive the NIP and a requirement under Section 172 of the Road Traffic Act to identify who was driving the vehicle at the time of the alleged offence. Some believe that if they do not respond, the police will be unable to proceed with the speeding charge.
The Reality: This is an extremely dangerous mistake. Failing to furnish driver information is a separate and often more serious criminal offence. A conviction for this carries 6 penalty points—usually more than the original speeding offence—and a substantial fine, with no option for a speed awareness course. Your legal duty to identify the driver is absolute. The advice from the speeding offence lawyers at Motoring Defence is almost always to comply with the s172 notice. We can then advise you on how to challenge the speeding allegation itself once the driver has been formally nominated.
The Myth: When faced with an offer of a fixed penalty (typically 3 points and a £100 fine), many people think it's cheaper and easier to just accept it rather than incur the cost of hiring a lawyer.
The Reality: This short-term view can have serious long-term consequences. Those 3 points will remain on your licence for the purposes of "totting up" for three years. If you already have existing points, this "minor" ticket could be the one that tips you over the 12-point limit, resulting in a minimum six-month driving ban. For "new drivers" (within the first two years of passing their test), accumulating just 6 points means their licence is revoked completely. Furthermore, any points on your licence will almost certainly lead to a significant increase in your insurance premiums for several years. A consultation with the speeding offence lawyers at Motoring Defence can help you understand these long-term risks. Protecting a clean or near-clean licence is a valuable investment in your future.
Myth 4: "I was only going a few miles per hour over the limit, so I have a legal defence."
The Myth: There is a common belief that there is an official, legally enforceable "10% + 2 mph" tolerance, and that driving below this threshold cannot be prosecuted.
The Reality: There is no such legal defence. While most police forces and safety camera partnerships have internal guidance that allows for a small margin of discretion before issuing a ticket, this is not a right in law. The law is absolute: driving at 31 mph in a 30 mph zone is a prosecutable offence. The only discretionary alternative to prosecution is often a Speed Awareness Course, but this is not always offered and can only be taken once every three years. Relying on unofficial tolerances is a gamble. The only way to truly defend against an allegation is with a proper legal case built by expert speeding offence lawyers on the facts and evidence.
Don't let a speeding ticket jeopardize your licence based on a misunderstanding of the law. For expert advice and a robust defence against any speeding allegation, contact the specialists at Motoring Defence today.