Speeding & Totting Up

What are Speeding & Totting-Up Offences?

Speeding is one of the most common motoring offences in the UK, but its impact is often underestimated. While many motorists view speeding as a minor issue, a conviction can have serious consequences, especially if it leads to accumulating penalty points. For drivers already holding points on their licence, a further offence can trigger a Totting-Up disqualification, resulting in a six-month driving ban.

The stress of potentially losing your licence can be overwhelming, especially if you rely on driving for work, family responsibilities or everyday life. Many people charged with speeding or totting-up feel unsure about whether they have a defence, how accurate the detection of the speed was, or whether their personal circumstances could prevent a disqualification.

Speeding offences remain extremely common. In 2024, there were over 2.7 million speeding convictions across England and Wales. This high volume reflects the strict enforcement procedures and the growing use of cameras and roadside detection technology. Obtaining specialist legal advice is essential, particularly where a mistake, incorrect reading or excessive penalty may threaten your driving future.

As specialist motoring offence solicitors, we regularly defend speeding cases and totting-up matters, and can help guide you through the process with clarity and confidence.

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Why have you been charged?

You may have been charged with speeding because:

Speeding is a strict liability offence. This means the prosecution does not need to prove intent — only that you exceeded the speed limit.

What does totting-up mean?

If you accumulate 12 or more penalty points within a three-year period, the court must impose a minimum six-month driving ban unless you successfully argue Exceptional Hardship. To learn more about Exceptional Hardship click here.

This is where specialist representation is crucial.

Defences for Speeding & Totting-Up?

There are several defences and legal arguments that may apply depending on the circumstances. Some of the most common include:

Incorrect Speed Measurement
Errors can occur with: Radar guns, Laser devices, Mobile speed vans, Fixed speed cameras, Calibration records, Operator training.

If the device or its handling was non-compliant, the reading may be unreliable.
Defective Notice of Intended Prosecution (NIP)
If the NIP was not served within 14 days, the prosecution may be invalid.
Driver Identification Issues
Where the prosecution cannot prove who was driving at the time of the alleged offence.
Speed Limit Signage Problems
Improper, unclear or non-compliant signage can invalidate the charge.
Procedural Errors
These include failures in paperwork, evidence handling, device calibration or compliance with legal requirements.
Exceptional Hardship Arguments (Totting-Up)
If you are at risk of a six-month ban due to reaching 12 points, you may be able to avoid disqualification by showing that a ban would cause:

• Extreme financial difficulty
• Loss of employment
• Serious impact on dependants
• Hardship to vulnerable family members
• Disproportionate consequences beyond the normal inconvenience

Courts demand strong, well-presented evidence for Exceptional Hardship arguments – this is a key area where expert representation often makes the difference between keeping and losing your licence.

Contact Our Specialist Solicitors Today

If you have been charged with speeding, are facing penalty points, or are at risk of a totting-up driving ban, our specialist motoring solicitors are here to help. We offer clear, realistic advice that focuses on protecting your licence, reducing penalties and achieving the best possible outcome.

We have extensive experience challenging speed readings, scrutinising police procedures and presenting strong Exceptional Hardship cases in court.

For expert legal guidance and a free initial consultation, contact Momentum Solicitors today.

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