Speeding - Common Defences

There are a number of potential defences and loopholes to look at to see whether you can succesfully defend a speeding ticket.

These are sometimes described in adverts as driving secrets. Remember, there is no such thing as a 100% guarantee that you will escape a speeding fine or conviction if you are guilty!

See below for:

- what if you weren't in the area at the time of the alleged offence

- callibration of speed trap guns

- what if the location of the speed camera in the NIP is wrong

- you didn't receive the NIP in 14 days

- no speed camera signs

I wasn't in that area on the date and time in question
Again ask to see the photos. It may be that they have misread the number plate in the photos, or maybe the numbers and letters are not clear and they have guessed - in which case you should be able to challenge the speeding ticket. Alternatively, as has happened in some cases, someone else is using false number plates which match yours.

Speed Trap Guns
Speed trap guns have to be correctly calibrated so you can ask the Officer or civilian operating the gun to see the calibration certificate. Many radar guns are only accurate within a 100 metre range and so if you were further away than this you may be able to challenge the speeding prosecution.

There is no speed camera at the location specified in the NIP
If the location is entirely wrong and not due to a typographical error or just rather vague then this may be a valid speeding defence.

I didn't receive the Notice of Intended Prosecution within 14 days
The NIP has to be issued within 14 days, and a day or so are allowed for postage. The NIP has to be sent to the person registered as keeper with DVLC. If that information is out of date and it is your fault, then this is no defence. The 14 day rule applies to the registered keeper, not necessarily the person who was driving. The police will normally have an additional 6 months to prosecute the driver

It's a breach of my Human Rights to incriminate myself by completing the NIP
The court of appeal has decided that this is not a valid defence

The Road Signs were wrong
If the road signs were the wrong colour, wrong size or incorrectly positioned you may have a valid defence - see our Speed Limit Signs page

There were no signs warning me that there was a speed camera
There is some confusion over the necessity for these signs. Signs have to be present complying with strict rules as laid down by the Handbook of Rules and Guidance for the National Safety Camera Programme 2006/7 in order for Safety camera partnerships to receive the revenue from fines. Failure of these guidelines to be in place does not constitute a defence to a speeding prosecution.