Speeding is one of, if not the most common, offences in the UK. Millions of drivers are penalised each year, and it is so common that many individuals don’t even consider it to be an actual criminal offence.
While most people found guilty of speeding will face a fixed penalty notice or some points on their license, there are situations where things can become a lot more serious.
The legal aspect of speeding offences
Before proceeding to sentencing, it’s important to first have some kind of foundational legal understanding of how speeding offences operate in the UK.
Speeding and other driving-related offences are primarily dealt with using the Road Traffic Regulation Act 1984 and the Road Traffic Offenders Act 1988. The former Act outlines the rules of the road, while the latter outlines how offenders should be prosecuted and sentenced.
According to the act(s), speeding offences are relatively self-explanatory. Someone is guilty of the offence if they exceed a given speed limit, but the severity of the offence is not uniform, and there are a range of other factors that come into play.
Related offences
While speeding is the most common offence that people will be found guilty of, there are a range of other related offences that also apply in these situations.
Dangerous driving
Section 2 of the Road Traffic Act outlines the offence of dangerous driving. This is defined as taking place in situations where the standard of driving falls far below that which would be expected of a competent and careful driver, in an obviously dangerous manner.
Someone who is caught driving at an excessive speed near a school, in heavy traffic or in an otherwise built-up area could also find themself charged with dangerous driving. As we’ll see in the sentencing guidelines, it is a much more serious offence than speeding.
Causing serious injury by dangerous driving
Even more serious than dangerous driving is the offence of causing serious injury by dangerous driving, an offence that is outlined in section 1a of the Road Traffic Act 1988.
As the name suggests, this offence is committed in situations where someone drives in a dangerous manner (including at excessive speeds), which then also results in the serious injury of another person.
Causing death by dangerous driving
Death by dangerous driving is the most serious driving-related offence you can be found guilty of. Outlined under section 1 of the Road Traffic Act 1988, offenders who cause a death while driving at an excessive speed are typically deemed to be particularly guilty by the courts.
As we’ll see in the sentencing guidelines, it is an offence that is frequently dealt with incredibly seriously.
Sentencing for speeding
For speeding, the maximum sentence that a driver can receive is a £2,500 fine if they are caught speeding on a motorway, and a £1000 fine if caught on any other kind of road. The driver can also receive up to 6 points, and potentially lose their license.
Sentencing for related offences
Sentencing for dangerous driving offences will often be a lot more serious than it is for speeding offences. Importantly, dangerous driving offences often also come with the possibility of a custodial sentence, which speeding offences do not.
Sentencing for dangerous driving
Dangerous driving is a triable either way offence, meaning that it can be heard in either the Crown Court or a Magistrates’ Court. Those found guilty face a maximum sentence of up to two years in prison, with an offence range of between a community order and two years’ custody.
Those found guilty also face an obligatory driving disqualification for a minimum of 1 year, with a compulsory extended re-test. If the offender has been disqualified for a certain period during the three years preceding the offence, then that period increases to a minimum of 2 years’ disqualification.
Sentencing for causing serious injury by dangerous driving
Causing serious injury by dangerous driving is an even more serious offence. It is also triable either way, with a maximum sentence of 5 years in prison and an offence range of between 26 weeks and 5 years’ custody.
Those found guilty also face an obligatory disqualification for a minimum period of 2 years with a compulsory extended re-test.
Sentencing for causing death by dangerous driving
The sentencing guidelines for causing death by dangerous driving clearly illustrate that it is the most serious traffic offence you can be charged with.
It is triable only on indictment, meaning that it can only be heard in a Crown Court. Offences committed after 28 June 2022 can result in a maximum sentence of life imprisonment, with an offence range of between 2 and 18 years’ custody. Offences committed before 2022 can result in a maximum custodial sentence of 14 years in prison.
Additionally, those found guilty of offences committed after 28 June 2022 face a minimum obligatory disqualification period of 5 years, with a compulsory extended retest. For offences committed before 2022, that decreases to 2 years with a compulsory extended re-test.
Impacting factors
There are a range of factors that the court will consider when determining an appropriate sentence, in addition to the speed at which you were driving.
These include whether or not you were using a mobile phone, driving while impaired by drugs or alcohol, deliberately deciding to ignore the rules of the road, racing or competitively driving against another vehicle, or attempting an obviously highly dangerous manoeuvre.
It is often these kinds of factors that will determine whether or not you are served a fixed penalty notice for speeding or charged with a more serious offence. It is imperative that you are able to seek legal counsel from a criminal defence solicitor with experience in traffic offences, to gain a better understanding of what you could be facing.
The more time that you and your solicitor have to work on your defence, especially in the context of dangerous driving offences, the stronger your chances will be of achieving an acceptable outcome.
For further advice, call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour), or you can also contact our team at Ashcott Solicitors via our contact form. We will respond to your message as soon as possible.
