All posts tagged with traffic prosecution
The speed cameras on the greater Manchester M62 motorway are generating record speeding
fines for motorists caught exceeding the variable speed limit.
More than 18,000 speeding motorists have been fined for speeding offences on the motorway between Junction 18 and Junction 20.
Whilst the vast majority of the speeding fines have been dealt with by way of a conditional offer a fixed penalty, in relation to the higher speeding offences recorded by the cameras there have been a large number of police prosecutions involving cases before the magistrates court.
Information obtained under the Freedom of Information Act has indicated that 73 motorists per day, on average, are caught by the speed cameras for speeding offence
Ridiculous Delays In The Prosecution Of Road Traffic Cases
The Government has overseen a brutal series of cost cutting exercises within the criminal justice system. The sole purpose has been to save money at the expense of justice. Nowhere is this more evident than in road traffic cases.
I have just fixed a trial for a client facing prosecution for allegedly driving while impaired through drugs. The issues are straightforward and the trial will take no more than 3 hours. The earliest the court can hear the case is April 2014.
Failure to provide the police with driver identity is an offence which carries six penalty points and a fine.
Section 170 will the Road Traffic Act provides that when the police send a notice of intended prosecution/written request for driver details, the recipient is obliged to identify the driver. Failure to do so is an offence.
Many people plead not guilty to failure to provide driver identity upon the basis that they did not receive the notice from the police and therefore could not be held responsible in law for the failure to provide driver details. Obviously the law cannot hold you responsible if you have not received the written request.
There has been a recent change in the law in relation to people who have not received the notice of intended prosecution due to a house move and they have not notified the DVLA of the change of address. This means that when a speed camera is activated or other motoring offence is committed the police look on the DVLA database for the registered keepers details. If the old address is on the system as the keeper of the car has not notified the DVLA of the change of address, the police will obviously write to the old address.
It has recently been held by the Divisional Court that if this happens, the person to whom the notice was sent to does not have a defence.
As part of due diligence the motorist should notify the DVLA of change of address. If there has been a failure to provide driver identity because the notice of intended prosecution from the police was not received and the keeper had not either placed a divert on his post, notified the DVLA of the change or put in place other reasonable provisions that would ensure they receive the police request, then they will be found guilty of failure to provide driver details.
Posted by: Robert Bimpson on August 6th, 2015 @ 7:43 PM
Tagged with: change of address, fail to provide driver details, fail to provide driver identity, notice of intended prosecution, speed camers, speeding, speeding offenses, speeding tickets, traffic offences, traffic prosecution
The number of prosecutions for speeding
offences on the M1 has reached record levels.
A 20 mile section of the M1 is generating more than £300,000 a week in speeding fines
after the motorway speed cameras were triggered over 132,000 times in less than a one year period.
This equates to over 500 drivers per day being caught for speeding by the speed cameras positioned on the motorway between Junction 19 in Leicestershire and Junction 15 near Northampton.
This stretch of motorway has been revealed as the number one spot for catching speeding
The biggest speed camera hotspots are:-
1 – M1 Northampton
2– A282 Dartford Crossing
3– A 28 Canterbury
4 – M60 Stockport
5 – the M6 toll Lichfield
6– A1 Barrowby Thorns
7– A15 Snitterby
8 – Limehouse Link London
9– A57 Sheffield
10– A414 Corby
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