Being a boy racer, late for a meeting, forgotten to pick the kids up from school, or simply having a leaden foot all result in drivers exceeding the statutory speed limit.  So, what happens if you get caught speeding?  How does it affect you, your driving licence, and potentially your lifestyle?

How many points can I have on my licence?

The ideal number of points on your licence is zero – no infringements, no points. A lovely clean driving licence is always to be preferred.  However, sometimes we can get caught speeding, and penalty points will usually be the result.  Each endorsement has a different code, which will show up on your licence.  According to the www.gov.uk website:

Most common endorsements are the SP30 and SP50.  As you can see, a range of penalty points can be applied – The minimum penalty is £100 fine and 3 penalty points but this can increase up to 6 penalty points and a higher fine depending upon the severity of speeding offence. You can also be disqualified outright for speeding if the speed is in excess of 100mph.

If you are caught by a static speed camera, you will usually receive 2 Notices in the post although there is a legal obligation to send 1 alone. The 2^nd is a reminder Notice of Intended Prosecution: Notice of Intended Prosecution and a S172 Notice which requires you to disclose who was driving the vehicle.  If you return the S172 within 28 days, you would either receive a Fixed Penalty Notice with the points to be added to your licence or if the offence is severe, a letter requiring you to appear in court.

If you ignore the Notices, you are fast-tracking yourself to court.

If you are stopped by a police officer for speeding, they can either simply give you a verbal warning,  a Fixed Penalty Notice with the points to be added to your licence, or order you to court.  The relevant paperwork would follow.

When you are issued with a Fixed Penalty Notice, you can choose to plead guilty or not guilty.

If you plead guilty, usually you would be issued with the minimum penalty (£100 fine and 3 points) or instructed to attend a speed awareness course (if appropriate to the offence and you haven’t attended one within the past 3 years).

If you choose to plead not guilty, then you must appear in court, where if found guilty could result in an increased number of penalty points and a higher fine.  The fine is often calculated as a percentage of your weekly income and depends upon the speed involved.  You could also be disqualified from driving, if the offence is deemed serious enough.

Also, a word of warning for new drivers:  if you are caught speeding within 2 years of passing your driving test, and you have exceeded 6 penalty points, then your licence will be revoked.

Offence: Speeding / Totting up penalty points

Defence: Exceptional Hardship

Carl Millar represented Mr W before Wrexham Magistrates Court.

4 penalty points were imposed for the offence of speeding, which meant that Mr W now had 13 penalty points on his driving licence. Exceptional hardship was advanced and was found due to Mr W’s personal circumstances.

Mr W is a service manager who travels to 46 buildings throughout the Lancashire area. As part of his role he is required to travel around each site and undertake spot checks. His contract of employment would have been terminated by his employer if he were disqualified for the minimum period of six months. It was accepted that a driving licence is crucial for his job role. Furthermore, the Court accepted that he would struggle to pay his mortgage as his wife only worked part-time and therefore exceptional hardship was found for himself and his wife. Obviously, Mr W was delighted with the outcome as he was not disqualified from driving.

Place: Nottingham Magistrates Court

Offence: Speeding / Totting up 12 penalty points or more

Defence: Exceptional Hardship

Mr K received 4 penalty points for the offence of speeding. At the time of the offence he had 9 penalty points on his driving licence and therefore he faced a minimum period of disqualification of six months under the totting up provisions.

We advanced exceptional hardship and we are pleased to confirm that exceptional hardship was found in the circumstances.
The impact of a driving disqualification would mean that Mr K would have lost his job and therefore would not be in a position to maintain his mortgage payments. This would have had a negative impact upon his family whereby his daughter would have needed to have been taken out of private school.

In the circumstances, Mr K was delighted with the outcome.

Offence: Speeding / Totting up 12 penalty points or more

Defence: Exceptional Hardship

Messrs Millars Solicitors represented Mr B before Folkestone Magistrates Court on the aforementioned date. Mr B received 6 penalty points for driving at 100mph in a 70mph speed restriction area. At the time of the offence he already had 6 penalty points endorsed on his driving licence.

We are pleased that exceptional hardship was found in the circumstances. We had managed to obtain a letter from Mr B’s employer which summarised that a driving disqualification of six months would result in a loss of his job. This would have an impact upon his ability to pay the mortgage on his house where he lived with his wife, and his ability to care for his elderly mother.

Mr B was not disqualified from driving in the circumstances and was naturally delighted with the outcome.

Offence: Speeding / Totting up penalty points

Defence: Exceptional Hardship

Carl Millar represented Mr S before Northallerton Magistrates Court in respect of totting up 12 penalty points or more, whereby Mr S faced a minimum period of disqualification of 6 months under the totting up provisions. At the time of this further offence Mr S already had 10 penalty points on his driving licence. The Court imposed a further 3 points and therefore he now had 13 points on his driving licence.

Carl advanced exceptional hardship explaining the consequences of disqualification would mean that his position of employment would become untenable. The collateral damage following on from this would be that there potentially could be a loss of jobs to other employees in his place of work due to the nature of his job. Mr S worked as a contracts manager for a shop fitting company in various locations up and down the country.

Mr S’s house was subject to a mortgage and he had three children. His partner did not work and his family relied solely on his income. The impact of a disqualification and subsequent loss of job would mean that his partner and children could potentially be made homeless if his house were to be repossessed. Thankfully, exceptional hardship was found in the circumstances.

Offence: Totting up / Exceptional Hardship

Defence: Exceptional Hardship argument

Millars Solicitors recently represented Mr H who faced disqualification for a minimum period of six months under the totting up provisions

Mr H already had 9 points on his driving licence when the matter went before the Court. He was travelling at a very high speed that could have resulted in a disqualification of 56 days for the offence alone, of travelling at 110mph in a 70mph speed restriction area.

Millars Solicitors persuaded the Court to disqualify Mr H for the offence alone of speeding whereupon he received a 25 day period of disqualification. Mr H was concerned that the Court may not find exceptional hardship in his circumstances and this was a preferred option. Naturally, Mr H was delighted with the outcome as he avoided the minimum period of disqualification under the totting up provisions of 6 months.

Offence: Failing to Furnish Information

Defence: Persuading the Crown Prosecution Service to discontinue the case

Millars Solicitors represented Miss W who appeared before Blackpool Magistrates Court for the offence of failing to furnish information whereby she would receive between 6-8 penalty points or be disqualified for the offence.

We were able to persuade the Court to discontinue proceedings against the defendant on the basis that she accepted the originating offence of speeding. Miss W’s case was that she did receive the Notice of Intended Prosecution, signed, dated and returned it in the post. The Police say that they did not receive the returned Notice of Intended Prosecution and therefore a not guilty plea was entered. The Crown Prosecution Service accepted Miss W’s position and that offence was discontinued.

Offence: Speeding

Defence: Mitigation

Carl Millar was instructed by Mr E, who faced a disqualification period of up to 56 days for travelling at 108mph in a 70mph speed restriction area.

Mitigation was presented to the Court in an effort to try and persuade them to not disqualify at all and, instead, give Mr E penalty points. The Court were persuaded by the argument and imposed 6 penalty points instead of a driving ban. Mr E required his car to commute to the salon that he works, and also to convey his equipment with him. The court accepted the arguments put forward and Mr E was delighted that he was not disqualified.

Offence: Speeding

Defence: Mitigation

Carl Millar was instructed by Mr H, who was travelling at twice the speed limit, at 63mph in a 30mph speed restriction area. Mr H was very concerned about being disqualified. The Magistrates Court Sentencing Guidelines suggest a period of disqualification of up to 56 days where the speed is between 51-60mph. Mr H was literally off the scales and therefore was concerned.

Powerful mitigation was presented at Court and the Magistrates accepted the argument and imposed 6 penalty points instead of a period of disqualification.

It was advanced on Mr H’s behalf that he appreciated that the speed he was travelling at was unacceptable. However, any period of disqualification would have been disastrous to him, his business and his family.

Offence: Speeding and / or Totting up 12 penalty points on driving licence for second time within a 3 year period

Defence: Mitigation and Exceptional Hardship

Millar’s Solicitors were instructed by Mr H who faced disqualification for a minimum period of 12 months under the totting up provisions.

Mr H was travelling at 110mph in a 70mph speed restriction area. In accordance with the Magistrates Court Sentencing Guidelines, he would face a disqualification of up to 56 days for the offence alone. Unfortunately, Mr H had been disqualified 2 years previously for 56 days. The result of this was that he faced a minimum period of disqualification of 12 months under the totting up provisions due to having the previous disqualification for 56 days within the previous 3 years.

Clearly, Mr H’s preference was a short term ban for the offence alone, rather than trying to advance exceptional hardship and running the risk of losing and then facing the disqualification period of 12 months.

Mitigation was advanced and the Court accepted the argument to impose a short term disqualification of 15 days. Obviously, Mr H was delighted with the outcome, as he could have been disqualified for a period of 12 months.