While driving, if you get caught exceeding the speed limit you will be issued with a speeding ticket. Evidence for a speeding offence can be based on photographs from a stationary speed camera, a handheld speed camera or laser device, video from a mobile camera or a SPECS camera or even on the basis of evidence from two expert eyewitnesses, usually police officers.

The severity of a speeding offence depends on how fast you were travelling in relation to the legal speed limit on the road. If you are speeding on a regular road you will receive between 3 and 6 penalty points and a fine of up to £1000. This offence is also subject to discretionary disqualification. If you were travelling at 30mph or more over the speed limit you will most likely receive a driving ban.

If you are caught speeding on a motorway, you will receive between 3 and 6 penalty points and a fine of up to £2500. If you are driving at 100mph or more you will most likely receive a driving ban.

Speeding is considered an "absolute offence" which means that unless you can prove that the evidence against you is faulty, you will automatically be found guilty. In many instances when issuing speeding tickets, the police officer in question will give you the option of accepting a fixed penalty which will most likely be lower than if you refuse to admit guilt and pursue the matter in a court of law. If you do take your case to court, you will argue in front of a judge as defendants accused of speeding offences do not receive jury trials.

Before you can be prosecuted for speeding, you must be issued with a NIP (Notice of Intended Prosecution) either verbally by the police officer who stopped you or via post as part of the notification that you were caught by a speed camera. You then have 28 days in which to identify the driver of the car. In all likelihood you will be offered the option of a fixed penalty if you do not want to refute the charge in a court. If you are charged with driving 26mph or more over the speed limit or if the resulting penalty points lead to a penalty points ban then you will have to attend court.

If you are facing a ban or have been caught by a speed camera and you believe you have been wrongly accused then you should seek specialist advice from a solicitor. If you have been given a speeding ticket and you admit that you are guilty, you may still be able to argue that there are mitigating circumstances which should lead to a reduced penalty. A solicitor who specialises in speeding offences can offer you advice regarding what to do about your speeding ticket.

CM Solicitors are specialists in offences involving speeding tickets. If you have received a court summons or you feel you have been wrongly accused and would like some advice on how to proceed, email or phone us on 08458 737 333 to arrange a free initial consultation.