Speeding Offence

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Speeding Offence

Mr F was charged with speeding. The speed alleged was very high and, if convicted, Mr F faced the likelihood of a driving ban. We contacted the Crown Prosecution Service and obtained all the evidence that the prosecution intended to rely upon.

The key to the case prosecution was photographic evidence. Mr F received a notice of intended prosecution which he had completed and returned. The Crown Prosecution Service then produced a photograph of the motor car in question, allegedly speeding.

Before the photographic evidence can be admitted, the Crown Prosecution Service has to comply with certain strict rules of evidence.

Because the prosecution failed to do this, we were able to successfully exclude the evidence of the photograph. The prosecution case collapsed and Mr F was able to avoid a ban.

 

As dedicated traffic lawyers we are regularly contacted by clients who accept that they have committed a speeding offence but are desperate to avoid a driving ban. In such cases we will spend a significant amount of time dealing with you directly and, of course, representing you in the Magistrates Court. All your personal details and circumstances will be taken in order that your case can be persuasively presented to give you the best possible chance to avoid a ban.

The vast majority of speeding offence cases will be commenced by the police issuing a notice of intended prosecution. If the form is not returned in the manner required, the driver will be prosecuted for failing to provide driver details. Should you face a prosecution under Section 172 Road Traffic Act (failing to furnish driver details), you should know that many people successfully defend these prosecutions.

 

Do not assume that photographic or police evidence cannot be challenged. It can. This is why you should instruct a specialist speeding lawyer. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were committing a speeding offence. It is our job to closely examine any evidence that the prosecution intend to rely on to prove you were committing the offence. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. Depending upon the speed alleged or the number of points on your driving licence this may mean you avoid a driving ban.

If you are to be prosecuted for speeding, or any other traffic offence you should receive, usually by post, a notice of intended prosecution.  This should set out the date, location etc of the alleged incident of speeding.  If you believe you were not speeding or other traffic offence or wish to contest the allegation, you should contact us straight away. Given that you may be in danger of a driving ban or penalty points on your driving licence you should consult a speeding offence solicitor without delay.

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60-66 Wellington Road,
Ashton-Under-Lyne,
Tameside,
OL6 6DE

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