Getting caught speeding can lead to anything from a speed awareness course to penalty points, a fine or, in more serious cases, a driving disqualification. The outcome depends on factors including the recorded speed, the speed limit, where the offence took place and your previous driving history.
If you have been caught speeding, you may receive a fixed penalty notice, be offered a speed awareness course, or be required to attend the magistrates court.
This guide explains how many points for speeding you could receive, when a speed awareness course may be available and what happens if your case goes to court.
How Many Points Do You Get For Speeding?
For many speeding offences, the minimum penalty is three penalty points on your driving licence and a £100 fine.
However, three points are not guaranteed. The number of points on your licence depends on the circumstances, including how far over the speed limit you were travelling.
The Sentencing Council’s speeding guideline provides different sentencing categories according to the recorded speed and the applicable limit.
For example, for a 30mph limit:
| Recorded speed | Sentencing category |
| 31-40mph | Band A |
| 41-50mph | Band B |
| 51mph or above | Band C |
The bands change according to the posted speed limit.
It is therefore important to establish both the recorded speed mph and the speed limit that applied at the time.
What Is the Minimum Penalty For Speeding?
The minimum penalty for speeding is generally:
- Three penalty points
- £100 fine
This is commonly imposed through a fixed penalty notice where the driver accepts the fixed penalty rather than having the case dealt with in court.
However, a driver may instead be offered a speed awareness course, provided they meet the relevant eligibility requirements.
The police do not have to offer a fixed penalty or awareness course. More serious cases may be referred directly to court.
Can I Take a Speed Awareness Course Instead of Getting Points?
A speed awareness course is an alternative to prosecution that may be offered for eligible speeding offences. If you successfully complete the course, you normally avoid receiving penalty points and a fixed penalty for that offence.
However, there is no automatic right to take an awareness course.
Eligibility can depend on factors such as:
- The recorded speed
- The applicable speed limit
- Whether you have previously completed a speed awareness course within the relevant period
- Whether the police force offers the course
- The circumstances of the offence
The National Police Chiefs’ Council provides guidance on disposal options for speeding offences, including thresholds used when considering educational courses and fixed penalties.
If you are offered a speed awareness course, it is generally important to comply with the deadline given. Failing to complete the course when required can result in the original speeding offence being prosecuted.
How Fast Can You Be Going Before Getting Points?
There is no single speed at which every driver automatically receives points.
For example, police enforcement guidance commonly uses thresholds above the posted speed limit when determining whether a driver may be eligible for a fixed penalty or speed awareness course. However, these are enforcement guidelines rather than a legal entitlement to drive below a particular “tolerance”.
The speed limit remains the maximum lawful speed.
A driver travelling above the limit can technically commit a speeding offence even if their speed is below an informal enforcement threshold.
This is particularly important because many motorists assume that they can legally drive a certain amount over the limit.
There is no legal “10% plus 2mph” allowance. The only way to avoid getting a speeding fine or points on your licence is to not speed.
How Many Points For Speeding On A Motorway?
The potential penalty depends on the posted speed limit and the recorded speed.
For a 70mph motorway limit, the Sentencing Council guideline categorises:
- 71-90mph as Band A
- 91-100mph as Band B
- 101mph or above as Band C
The starting point for Band A is a fine of 50% of relevant weekly income and three penalty points.
Band B has a starting point of a fine equivalent to 100% of relevant weekly income and either four to six penalty points or a disqualification of between seven and 28 days.
Band C has a starting point of a fine equivalent to 150% of relevant weekly income and either six penalty points or a disqualification of between seven and 56 days.
These are sentencing guidelines, rather than automatic penalties. The court considers the circumstances of the individual offence.
What Happens If You Are Caught Speeding?
What happens after you are caught speeding depends on how the offence was detected and how the police decide to deal with it.
A speeding offence might be detected by:
- A speed camera
- A police officer
- A camera operated by a police force
- Other approved speed measurement equipment
If the offence was detected by a camera, the registered keeper will generally receive a Notice of Intended Prosecution (NIP).
The notice normally identifies the alleged offence and asks the registered keeper to provide information identifying the driver.
What Is A Notice Of Intended Prosecution?
A notice of intended prosecution, sometimes referred to as an intended prosecution NIP, is a formal notice informing someone that prosecution for certain road traffic offences is being considered.
For camera-detected speeding offences, the first NIP generally needs to be served on the registered keeper within 14 days of the alleged offence, subject to statutory exceptions.
The NIP is separate from the requirement to identify the driver.
A recipient should therefore take care to respond to the driver identification requirement within the specified timeframe.
What If I Receive A Fixed Penalty Notice?
A fixed penalty notice provides a way of dealing with many straightforward speeding offences without going to court.
For a standard speeding fixed penalty, the usual penalty is:
- £100 fine
- Three penalty points
You will normally be given a deadline by which you must accept the fixed penalty and provide any required information.
If you do not accept the fixed penalty, the matter may proceed to court.
Importantly, you should not simply ignore a fixed penalty notice because you believe the speeding allegation is incorrect. There may be specific procedures and deadlines that need to be followed.
What Happens If A Speeding Case Goes To Court?
More serious speeding offences, or cases where the fixed penalty route is not appropriate, can be dealt with by the magistrates court.
You may receive a summons or other notification setting out the allegation and giving you a hearing date.
At the first hearing, you will normally be asked to indicate whether you plead guilty or not guilty.
If you plead guilty, the court will proceed to sentencing.
If you plead not guilty, the case will normally be listed for a further hearing or trial.
The court can consider evidence such as:
- The recorded speed
- Photographic evidence
- Speed camera evidence
- Evidence from a police officer
- Road signs
- The applicable speed limit
- Evidence about the vehicle and driver
A solicitor can advise you on the strength of the prosecution case and whether there are legitimate grounds to challenge the allegation.
How Much Is A Court Fine For Speeding?
When speeding is dealt with at court, the fine depends on the seriousness of the offence and the offender’s financial circumstances.
The Sentencing Council’s guideline divides speeding offences into three categories.
Band A
Band A represents the lower level of seriousness.
The starting point is generally:
- Fine of 50% of relevant weekly income
- Three penalty points
The guideline range is a fine of 25% to 75% of relevant weekly income.
Band B
Band B represents a more serious speeding offence.
The starting point is generally:
- Fine of 100% of relevant weekly income
- Four to six penalty points or
- A driving disqualification of between seven and 28 days
The guideline range for the fine is 75% to 125% of relevant weekly income.
Band C
Band C represents the most serious speeding category within the guideline.
The starting point is generally:
- Fine of 150% of relevant weekly income
- Six penalty points or
- A driving disqualification of between seven and 56 days
The fine range is generally 125% to 175% of relevant weekly income.
The court can move within the relevant range depending on the circumstances.
What Is Relevant Weekly Income?
Your relevant weekly income is used by the court when calculating a fine.
For sentencing purposes, the court will generally consider your income after tax and national insurance. You may be asked to provide information about your financial circumstances.
If you fail to provide sufficient information about your finances, the court can make assumptions about your income when determining the fine.
This means that two drivers convicted of the same speeding offence could receive different fines because their financial circumstances are different.
Can Speeding Result In A Driving Ban?
Although many speeding offences result in penalty points, more serious offences can result in driving disqualification.
For example, the higher sentencing categories can result in a short discretionary disqualification instead of penalty points.
You may also face disqualification if the number of penalty points on your licence reaches the relevant threshold.
The 12-Point Rule
Under the totting-up provisions, a driver who accumulates 12 or more penalty points within a three-year period will normally face disqualification.
The usual period of disqualification is:
- 12 to 14 points: six months
- 15 to 17 points: 12 months
- 18 or more points: two years
The court may be able to reduce or avoid the normal disqualification where the driver can establish exceptional hardship.
This is a complex area, and the consequences can be particularly serious for people who rely on their driving licence for work.
What Happens If You Are A New Driver?
There are additional rules for a new driver.
If you accumulate six or more penalty points within two years of passing your first driving test, your driving licence will normally be revoked by the Driver and Vehicle Licensing Agency.
This means that receiving just two speeding offences resulting in three points each can have much more serious consequences for a newly qualified driver.
The driver will then need to apply for a new provisional licence and pass the relevant driving test again before regaining a full licence.
What Are Aggravating And Mitigating Factors?
If a speeding case reaches court, the magistrates will consider the circumstances surrounding the offence.
Aggravating factors can increase the seriousness of the offence. Examples can include:
- Previous relevant convictions
- Poor driving record
- Carrying passengers or other road users where this increases the risk
- Driving at an exceptionally high speed
- Other circumstances that make the offence more serious
The court will also consider mitigating factors, which may justify reducing the sentence.
These could include:
- No previous convictions
- A previously good driving record
- Genuine remorse
- An early guilty plea
- Exceptional personal circumstances
- A relatively minor departure from the speed limit
It is worth noting that an individual’s personal circumstances do not automatically provide a defence to speeding. They may, however, be relevant when the court is determining the appropriate penalty.
Can You Challenge A Speeding Ticket?
Yes, depending on the circumstances.
If you believe you were not speeding, were not the driver, the relevant speed limit was incorrectly applied or there is an issue with the prosecution evidence, you should obtain legal advice before deciding how to proceed.
Potential issues can include:
- Whether the NIP was served correctly
- Whether you were correctly identified as the driver
- Whether the speed measurement evidence is reliable
- Whether the speed camera was operating correctly
- Whether the correct speed limit applied
- Whether road signs were adequate
- Whether the prosecution has complied with relevant legal requirements
- Whether there are problems with the photographic or other evidence
A challenge should be based on the facts and evidence of the individual case.
Does Speeding Affect Your Insurance?
Penalty points can affect your car insurance premiums.
Most insurers will ask drivers to disclose relevant driving convictions and points when obtaining or renewing a policy.
The effect can vary depending on:
- The number of points
- The nature of the offence
- How recently it occurred
- Your age and driving history
- The insurer
- Other factors used when calculating the premium
You should always provide accurate information when asked about your driving history.
What Is The Maximum Fine For Speeding?
There is no single maximum fine that applies to every speeding offence.
Where speeding is dealt with in the magistrates court, the statutory maximum fine is generally £1,000, or £2,500 where the offence was committed on a motorway.
The actual fine imposed will depend on the circumstances and the applicable sentencing guideline.
This is why a serious motorway speeding offence can result in a substantially higher fine than a lower-level speeding offence.
What Should You Do If You Have Been Caught Speeding?
If you receive a speeding ticket, fixed penalty notice or notice of intended prosecution, do not ignore it.
Instead:
- Check the alleged speed and speed limit.
- Check the dates and details on the notice.
- Identify who was driving if required.
- Do not miss any response deadline.
- Consider whether a speed awareness course has been offered.
- If the matter is going to court, obtain legal advice before the hearing.
- If you already have points on your licence, establish whether further penalty points could result in disqualification.
Where a driver is close to the 12-point threshold, even a seemingly minor speeding offence can have significant consequences.
Expert Advice From McArthur Solicitors
A speeding offence can sometimes appear straightforward, but the consequences can become much more serious when you already have points on your licence, the alleged speed is high or you are at risk of a driving disqualification.
At McArthur Solicitors, our criminal defence team has specialist experience in driving offences and can advise on speeding allegations, fixed penalty notices, court proceedings and cases where a driver’s licence is at risk.
We can assess the circumstances of your case, review the prosecution evidence and advise you on the most appropriate way forward. Where appropriate, we can also represent you at the magistrates court and make sure any relevant mitigating factors are properly presented.
If you have been caught speeding and are concerned about penalty points, a driving ban or a court hearing, contact McArthur Solicitors today for expert criminal defence advice on driving offences.
