Speeding Offences, (Driving in Excess of the Prescribed Limit)
Traffic Ticket Specialists has been dealing with speeding offences for over 10 years. We have seen the law develop and change, and continue to adapt to those changes. We take for granted none of the “perceived wisdoms” about whether the speed detection technology or legal processes are fair and correctly used.
Above all, we are proactive in fighting prosecutions and have an excellent success rate in challenging the validity of speeding prosecutions. On the rare occasions where the evidence is too strong, we can mitigate to save a driver’s license. Please see below for a recent and typical case study of one of many clients we have successfully represented, followed by an explanation of the Law relating to speeding offences.
Our client was accused of traveling at 129 km/h in an 80-km/h zone. He was a businessman of good character with a clean license, and informed us that he was sure that he was not traveling at that speed. He did not stand to lose his license, but was so annoyed at what he felt was a clearly incompetent prosecution that he called us.
We requested 9 items of documentary evidence from the prosecution.
Some of our requests included:
- The qualifications of the Police Officer to use the Laser Speed device
- The certification and usage record of the device itself,
- Written evidence showing how the device was used when our client was passing the speed trap.
The initial prosecution response was that we were engaged in a “fishing expedition”, and therefore they did not have to disclose this information. The legal rules relating freedom of information, however, have never supported this attitude, and we began to put pressure on the Prosecution to provide us with what we required. When the Police Officer dealing with the case finally received our requests, the prosecution simply dropped the charge. This response gives some idea about Police attitudes towards what we as motoring paralegals regard to be the basic evidence in a prosecution. When put to proof, many speeding prosecutions fall apart.
The Law in Reality
Issues such as type approval of Home Office speed detection devices may seem to offer “open shut” defenses to allegations of speeding, and often do, but the fact that magistrates are often not used to dealing with legal rather than factual points to the same extent as Judges in the Crown Court can mean that defenses on a legal or technical basis can be viewed with skepticism in the Magistrates Court. To combat this, it is often necessary to call expert evidence, and make specific reference to both legal and procedural documents and good practice guides.
We take for granted none of the “perceived wisdoms” about whether the speed detection technology or legal processes are fair and correctly used.