Speeding Law: Where Common Sense and Legal Fact Collide

Speeding Law: Where Common Sense and Legal Fact Collide

Speeding is the most common motoring offence in the UK, and as a result, it is surrounded by more myths, half-truths, and "pub wisdom" than any other area of road traffic law. Drivers frequently make critical decisions about their licence and their future based on this well-intentioned but often dangerously incorrect advice. Believing these myths can lead you to plead guilty when you have a defence, or to attempt a "defence" that has no legal standing whatsoever.

A successful outcome is always built on a foundation of legal fact, not fiction. This guide, from the expert speeding offence solicitors at Motoring Defence, will debunk some of the most persistent and dangerous myths to provide you with the clarity you need to make the right choices.

Myth 1: "You have to be offered a speed awareness course if it's your first time."

The Reality: A speed awareness course is offered entirely at the discretion of the police force in the area where the offence occurred. There is absolutely no legal right to be offered one.

While courses are typically offered for minor infringements to drivers who have not attended one in the previous three years, this is a matter of policy, not law. If the police decide not to offer you a course—perhaps because your speed was slightly too high for their policy, or for any other reason—you cannot demand one. The offer of a course is a take-it-or-leave-it alternative to prosecution, not an entitlement.

Myth 2: "There's a spelling mistake on the NIP, so it's invalid."

The Reality: While a fatal procedural error can invalidate a prosecution, a minor clerical error almost never will. The courts will generally overlook trivial mistakes like a misspelt name or a slight error in an address on the Notice of Intended Prosecution (NIP).

The legal test is whether the notice is clear enough to inform the recipient of the vehicle, the location, the time, and the nature of the alleged offence. As long as the notice achieves this, a small typo will not provide you with a defence. The one error that is almost always fatal to the prosecution is a failure to serve the notice on the registered keeper within the strict 14-day time limit. That is a legal deadline, not a clerical detail.

Myth 3: "I was only keeping up with the flow of traffic."

The Reality: This is perhaps the most common feeling a driver has, but in the eyes of the law, it is a completely irrelevant one. The speed limit is an absolute maximum, not a guideline. The fact that other vehicles around you were travelling at the same speed provides no defence whatsoever to the charge of you exceeding it.

While a solicitor may sometimes use this fact as a very minor point of mitigation when arguing for a lower sentence, it will never prevent a conviction. The best speeding offence solicitors will be honest with you and advise you that this is not a legal defence.

Myth 4: "I'll just take the points for my son/daughter/employee to protect their licence."

The Reality: This is the most dangerous myth of all. Intentionally providing false information to the police about who was driving is not a clever trick; it is a very serious criminal offence called Perverting the Course of Justice.

This offence is taken extremely seriously by the courts and carries a maximum sentence of life imprisonment. Even in a motoring context, a conviction for this offence frequently results in a prison sentence. The risk of trying to "help someone out" in this way is catastrophic and is never worth it. Specialist speeding offence solicitors will always give the clearest and most serious advice: you must be truthful when identifying the driver.

Navigating the Facts with Motoring Defence

The world of speeding law is a minefield of these and other dangerous myths. At Motoring Defence, our advice is based on one thing only: the hard reality of the law and years of specialist experience. Our speeding offence solicitors cut through the noise and the "pub truths" to provide you with a defence strategy that is built on a solid and winnable legal foundation.

Don't Risk Your Licence on a Myth

Your driving licence is too important to risk on the basis of hearsay or misconception. A successful outcome is always achieved through an expert understanding of the actual law.

Before you make any decisions based on what you think you know, get the facts from a true specialist. Contact Motoring Defence for a consultation.


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