Speeding Offence

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Speeding Offence

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.

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Careless Driving

The careless driving 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 careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic 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.

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Drink Driving

Robert Bimpson is wildly acknowledged to be an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case.

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Driving Bans

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

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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Failing to Identify Driver

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.

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Failure To Stop

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.

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Speeding Ticket

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. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

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