Speeding allegations can be defended on the basis that it was not you driving at the time of the alleged offence or on the basis that the evidence of your speed put forward by the Prosecution is unreliable.
One of the most common ways of defending a speeding allegation is by showing that the speed detection device was not been used in accordance with the ‘ACPO Codes of Practice’ (Association of Chief Police Officers). In order for the Prosecution to rely on the evidence from a speed detection device, they have to show that the device was being used in accordance with Home Office approval. If the device is not used in accordance with the applicable guidelines, then it is not being used in accordance with the Home Office Approval and the evidence must be treated as unreliable.
It is important to note that a person cannot be convicted of a speeding offence on the uncorroborated opinion evidence of a Police Officer. The procedure required is that a Police Officer forms the opinion that a vehicle is speeding and then uses a device to corroborate his opinion. The devices commonly used include hand held laser guns, VASCAR device (which measures distance and time) located in a Police vehicle that effectively conducts a follow check. A calibrated speedometer can be used again by means of using a follow check. A further method of detecting speed can be the Gatso camera, which is a static box camera, located at the side of the road, which operates on the basis of a radar that measures distance and time.
What a client said about Keep Your Licence:
“I had to plead guilty to no insurance and received a tally of 12 points. Richard set out my case and managed to keep my licence. I will recommend Keep Your Licence to my friends and family.”
Richard was professional and supportive throughout his engagement. He was thorough and took the time to explain and walk me through theproceedings. I wouldn’t have achieved the outcome on my own, without his knowledge and experience. I felt Richard was well worth the fee.
MR CLIFF WIGHAM: Speeding
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If you have been flashed by a Gatso camera the device will produce two photos. The two photos from the Gatso camera are 0.5 seconds apart. The photos therefore show the distance travelled in half a second. The white lines on the road in front of the Gatso are a set distance apart. By counting the number of gaps covered it is possible to carry out a secondary check. The Home Office Approval for the Gatso camera states that it must be possible to carry out a secondary check. If the lines are too faint or if the photos are not clear it maybe able to defend the allegation of speeding on the basis that the Gatso has not been used in accordance with the Home Office approval. If it is possible to carry out a secondary check and the calculation generated is more than 10% different to the evidence from the Gatso it will normally be possible to defend allegations that originate from a Gatso camera.
There are also measures that can be taken to mitigate the effect of any penalty such as speeding fines, points on licence and disqualification. If you will be caused exceptional hardship, the Court can reduce the normal penalty for speeding.
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