|
SPEEDING DEFENCES
How do you
defend a speeding allegation?
Lets get this straight
from the start - you cannot make up a defence
- you either have one or you don't!
If you mislead the police
- for example by saying that you were not
the driver when in fact you were - then
you can be charged with peverting the course
of justice. You would have effectively talked
up the offence from a minor road traffic
matter into an offence which is going to
get you a prison sentence!!
Don't do it!
If you mislead the court
when giving evidence on oath you are committing
perjury. If you get found out you may
go to prison....which is a much bigger
worry than losing your licence would be.
Dodgy Speeding
Defences
There are lots of sites
on the internet that promise the earth in
relation to defending allegations of speeding;
"Pay us £? and we
guarantee that we can get you off!"
/ "Use these
letters when you get the NIP and the police
won't issue a summons".....
We see cases everyday
where people have tried to beat the police
by saying things like "It was my friend
from Africa driving and he's gone back now
and I have lost his address...."
The police hear it all
the time. They don't believe you and they
will investigate further or prosecute you
for failing to give the driver identity
(6 points). They will probably ask you to
prove that he was insured and if you can't
they will threaten you with permitting him
to drive without insurance (6-8 points)
if you can't prove he was covered. If they
really don't believe you they will start
asking questions of those around you to
see if they can prove you are attempting
to pevert the course of justice.....They
will try and tie you up in knots. They deal
with these issues day in day out and no
matter what you think you know from your
research on ropey internet sites they will
outwit you 9 times out of 10!
Speeding defences
So what are the
defences and do I have one?
The prosecution have to
prove beyond reasonable doubt each of the
following elements;
- The identity of the driver
- That they were driving
a motor vehicle
- That they were driving
on a public road or in a public place
- That they were exceeding
the speed limit at the time
They have to prove each
and every one of those elements of the offence
and if they can't prove one of them then
the whole prosecution case fails.
So if you can cast doubt
on any or all of the following;
- The suggestion that you
were driving
- The suggestion that you
were in a motor vehicle
- The suggestion that you
were on a public road or in a public place
- The suggestion that you
were exceeding the speed limit
You must be found not
guilty........!
Easy eh!
You don't have to prove
anything, you only have to cast a doubt.
BUT it's not that simple!!
How do I cast
a doubt?
The identity of
the driver.
You will have probably
admitted being the driver in response to
the request for driver identity under s.172
Road Traffic Act 1988. This is evidence
that amounts to a confession and can be
used by the prosecution to prove that you
were the driver. But it's your confession
and we have had clients who have admited
that they were the driver and have later
discovered that they weren't and have retracted
that confession. As long as you are believed
when you retract that confession this may
be sufficient to create a doubt in relation
to that element of the prosecution case.
If there is a reasonable doubt in relation
to one element the whole case fails.
We have had cases where
the defendant claims to have never driven
that vehicle and disputes that he was the
person stopped. Someone else has given his
details to the police!! If the police have
failed to sufficiently verify the identity
of the person stopped then they run the
risk that the person they have stopped isn't
the person they think they are....
To sum up, this is basically
the argument - I wasn't driving at the time.
People have argued that
they weren't driving when they were pushing
a car with the engine off (not in speeding
cases but in relation to other types of
road traffic offence) - it's all about motion
and control. If the car is moving and you
have control over it you are likely to be
treated as driving it!
It wasn't a motor
vehicle.
This is a difficult argument
in relation to speeding because anything
going fast enough to be speeding is likely
to have an engine and consitute a motor
vehicle...but it is possible.
It wasn't a public
road or public place.
If it isn't then it is
unlikely there will be a speed limit in
force - so again this is a difficult and
unlikely argument in relation to speeding.
Basically any road or place to which the
public have unrestricted access is treated
as a public place and the road traffic laws
apply. Supermarket car parks are nearly
always a public place...
I wasn't speeding.
This is the most common
way to defend a speeding allegation.
Remember that you have
to cast a doubt. A police officer forming
an opinion that you were speeding combined
with the reading of an LTI 20/20 or a Prolaser
is going to get you convicted if all you
can say is, "I wasn't speeding - the
officer is wrong." You have to have
more than that. You have to show that the
officer didn't use the device properly and
therefore his evidence is unreliable or
that the device wasn't working properly.
You won't be able to cast
a doubt by just standing up and saying I
wasn't speeding!!
These devices are really
accurate and very reliable but they can
only be accepted in evidence if they are
used in accordance with Home Office Approval.
Home Office Approval is only granted after
rigorous testing of the device by ACPO TET
( the scientific branch of the Association
of Chief Police Officers). ACPO TET state
the conditions in which the device was tested
and found to be reliable and if the police
don't stick to using it in this way then
they are using it outside of the Home Office
Approval in which case the evidence of the
device is inadmissable.
Things to check;
- Check calibration certificates
(every device has to be calibrated once
a year).
- Check the officer did
pre and post tour of duty calibration
checks.
- Check the officer used
the device within the range abilities
of that particular device
- Check the secondary check
on the GATSO - the white lines painted
on the road are a secondary check and
should provide a speed reading within
10% of the primary check, if not the GATSO
is not reliable.
The Magistrates and Crown
Prosecution Service will have little patience
for people who try and raise these arguments
with no real foundation. So make sure you
know what you are doing and don't make a
fool of yourself.
Always remember
- if you have a trial and lose you will
get a heavier sentence and hefty court costs
on top of your fine!
If in doubt ask
a question on the contact us page. We will
know the answer!
|
