How to Contest a Speeding Ticket
If you've received a speeding ticket and believe it was issued in error—or if you simply want to understand your options—contesting it is possible. However, the process can be complex. Here's what you need to know before deciding how to move forward.
Do You Accept the Allegation?
The first step is to decide whether you accept that you were speeding. If you do, you can plead guilty and accept the charge. Alternatively, you can agree that you were speeding but dispute the speed alleged—this is known as a Newton Hearing. It may result in a reduced penalty if the Court accepts your version.
If you do not accept that you were speeding, you'll need to plead not guilty, which will lead to a full Court hearing.
Can You Legally Challenge a Speeding Ticket?
Yes, you can challenge a speeding ticket by either disputing the speed recorded or denying the offence entirely. In both cases, Court proceedings will likely follow, and you or your solicitor will need to present a defence.
Possible Defences
- You were not the driver at the time of the offence
- You did not exceed the speed limit
- The police cannot prove you were speeding
- The police failed to follow correct legal procedures
Technical Defences
A technical defence usually involves reviewing the documentation and process. Questions to ask include:
- Were documents served correctly and on time?
- Are there errors in the paperwork, such as incorrect location or details?
- Can the prosecution prove that the equipment used was accurate and properly calibrated?
Keep in mind: even if mistakes are found, the Court may allow the prosecution to amend minor errors unless doing so would unfairly prejudice your case.
Challenging Speed Detection Equipment
To dispute the accuracy of devices like speed cameras or radar guns, you must notify the prosecution and request supporting documents such as calibration certificates. If you don't ask, they don't have to provide them.
Notice of Intended Prosecution (NIP) Timing
If you weren't stopped at the scene, the Police must send a Notice of Intended Prosecution to the vehicle's registered keeper within 14 days. If it arrives late—or you never receive it—you may have grounds to challenge the ticket, depending on what the Police can prove about when it was sent.
Paperwork Errors
Minor typos or spelling mistakes usually won't invalidate a speeding ticket. However, major errors—like an entirely incorrect location—could render the ticket invalid if it's clear that the details don't match the incident.
What If the Police Didn't Follow Procedure?
Some drivers worry that not being cautioned or receiving a paper form at the scene means the case can't proceed. In reality, the Police are only required to give a general warning (e.g. "You'll be hearing from us"). Paper documents are often replaced with digital checks.
Even if an officer says they don't expect further action, their opinion isn't legally binding. The final decision rests with their supervisors or the Crown Prosecution Service (CPS).
Is There a 6-Month Time Limit?
Yes—the Police must begin proceedings within 6 months of the alleged offence. This means the paperwork must be filed with the Court in time, not necessarily received by you within that timeframe. You can confirm this date with the Court if you have doubts.
ACPO Guidelines and Their Relevance
While the Police are expected to follow ACPO (Association of Chief Police Officers) guidelines, failure to do so doesn't automatically make a ticket invalid. As long as legal standards are met, your case can proceed.
Can I Contest Without Going to Court?
If you plead not guilty, your case will go to a hearing. You may not need to attend in person if a solicitor can represent you. However, if your testimony is crucial, the Court will likely require you to appear.
When Should I Seek Legal Advice?
As soon as possible. Whether you're contesting the ticket or trying to reduce the penalty, early legal advice can help protect your licence and improve your chances of a better outcome.
Need legal help with your speeding offence? Get in touch and we'll connect you with a specialist motoring solicitor.