Speeding Offence

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  Speeding
Do not assume that photographic or police evidence cannot be challenged. 
It can.  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 speeding.  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.
 
  Drink Driving
In order to achieve a conviction for drink driving, the court has to be satisfied that all procedures have been followed correctly.  Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving or that there has been a significant failure by the police when carrying out the investigation.  The courts have held that any failure by a police officer to adhere to strict procedures when obtaining samples can be fatal to a prosecution for drink driving
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Dangerous Driving
The definition of the offence of dangerous driving is wide because it is not just relation to motor vehicles but any mechanically propelled vehicles, furthermore it can take place in any place to which the public has access, not just public roads.
Never forget, the burden of proving dangerous driving rests squarely on he shoulders of the prosecution, not the defendant.  It is our job to expertly and carefully examine and exploit any failing or loophole in the prosecution case or law to secure an acquittal.

 
 

Proving Who the Driver is
The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations.  If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately.  We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.
Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.  Contact us immediately.

 
     

Speeding Offence

- Case Study

Mr B was charged with speeding. The speed alleged was very high and, if convicted, Mr B 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 B received a 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 have 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 B 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 . 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 .  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.

Click on the links below to view more of our case studies
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Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, Contact us now!!

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  Careless Driving
This motoring offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the offence can take place not only on public roads but any other place to which the public has access.  As dedicated defence lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

 
  Driving Without Insurance
Allegations of no insurance often occur when an employee is driving a company car.  The employer may be prosecuted for no insurance if the vehicle driven by the employee is not insured.  The employer or employee should contact us immediately in this scenario because he is regarded as having control, management or operation of the vehicle and is regarded as ‘using’ it for the purpose of a no insurance prosecution.
 
 

Failure To Stop After an Accident
In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

 
  Avoid a Driving Ban

Therefore even if you are convicted of an offence or there is no viable defence to it, we believe as expert traffic lawyers that we can help you.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person.  We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

 
     
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