Yes, every individual has the right to appeal a speeding ticket. There are several factors to consider when deciding whether to appeal a speeding ticket.

Notice of intended prosecution (NIP)

The police must send an NIP to the registered keeper of the vehicle. The registered keeper must then respond within 28 days or face criminal proceedings.

The police have 14 days to send the NIP. If they do not send the NIP within this time and do not have a good reason for the delay, then the NIP will be void. An example of a good reason would be a delay in the police receiving the registered keeper’s details.

Prosecution in time or not?

The police have six months in which to submit information to the court for a speeding offence. If they submit the information late or fail to do so completely, then the prosecution is deemed to be out of time.

Is there sufficient evidence?

The court must have sufficient evidence before it to be able to convict someone of a speeding offence. Sufficient evidence of the following is usually required:

  • The person driving the vehicle
  • The proper speed limit at the time
  • The signage was present and adequate
  • Excess speed – can be evidenced by an approved device e.g. speed camera

Defence of necessity

The court may consider a defence of necessity. The driver must have been acting reasonably and proportionately to avoid the threat of death or serious injury. This is a difficult defence to argue and it is highly recommended legal advice is sought if this is used.

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