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Contesting Speeding Fine.....how ?
15 Answers
i recieved notice with intent to prosecute on 29-10-2014 the speed date of offence was 19-8-2014 . police have to serve within 14 days is that correct ? i have the notice here but it went to my old landlords house where i was not registered ( i stayed there for 3-4 days and its beyond me how police knew i was staying there so landlord is writing to say i do not live at address, even though yesterday landlord came round with the notice to give me it. so on them grounds do i have grounds to fight it ?
also my car was up for sale around time of offence, several drivers took it for test drive, i seen drivers insurances etc but did not take details, what if it was one of the drivers who wanted to buy my car ?
i want to fight this fine
also my car was up for sale around time of offence, several drivers took it for test drive, i seen drivers insurances etc but did not take details, what if it was one of the drivers who wanted to buy my car ?
i want to fight this fine
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Contest a Speeding Fine / Speeding Ticket
What are my options for an alleged speeding offence?
Can I contest or challenge a speeding fine?
What defences are available?
Am I innocent until proven guilty?
How do I run a technical defence?
How do I know the equipment used to measure my speed is accurate?
I did not receive the Notice of Intended Prosecution within 14 days.
Can the Police still proceed?
The Police have misquoted the details. Does this invalidate the speeding ticket?
What if the Police stopped me at the scene but did not caution me?
What if the Police did not give me a producer at the scene?
I was told that it unlikely any further action would be taken and now I have received a Summons/Postal Requisition. Can the Police still proceed?
I didn't receive my Court Summons/Postal Requisition within 6 months. Is the prosecution valid?
What if I do not believe the Police followed the correct ACPO Guidelines?
Can I contest my case without attending Court?
When should I seek legal advice?
What are my options for an alleged speeding allegation?
The first issue is whether you accept that you were above the speed limit. If so, you can either accept the allegation in full or alternatively, you can argue the exact speed alleged. Whilst either option will result in a guilty plea, the latter, known as a Newton Hearing, allows you to dispute the exact speed with a view to obtaining a reduced punishment.
If you deny breaking the speed limit, then your only option is to plead not guilty via a Court hearing.
Can I contest or challenge a speeding fine?
Yes. Your options are to contest the speed itself (whilst conceding that you are travelling too quickly) or to deny the allegation in its entirety. Either tactic will require Court proceedings and in all probability a full hearing at which you will have to attend or be represented.
What defences are available?
There are various defences, ranging from "it wasn't me driving" to "I didn't break the speed limit" or "the Police can't prove that I was going that fast". In addition there may be technical defences that arise if the Police fail to follow the correct procedure when bringing the case.
Am I innocent until proven guilty?
Whilst the presumption of innocence until proven guilty holds true, and thus it is for the prosecution to prove their case, the fact is that unless you challenge the allegations or evidence, they will be assumed to be correct.
Speeding Evidence
How do I run a technical defence?
Firstly, you need to review the procedural issues. For example:
Are the documents correct?
Have they been served in time?
Are there are any errors or discrepancies that can be used to dismiss the case?
Even if it is apparent that some errors have been made, do not proceed on the basis that the case will be instantly dismissed. The rules do allow for amendments to be made so be prepared to show that any such amendments would be fatal to the prosecution and highly prejudicial to the case proceeding.
How do I know the equipment used to measure my speed is accurate?
You can challenge the accuracy of equipment used but this will require a Court hearing and the onus will be on you to put the prosecution on notice of the issues that you intend to take and to seek disclosure of all documentation that you require. For example, if you do not ask for a calibration certificate, it will not be produced. The Police do not have to prove that the device was working perfectly at the time of the incident. It will be assumed that it was working correctly, unless you have put the prosecution on notice of issues that you intend to take.
I did not receive the Notice of Intended Prosecution within 14 days. Can the Police still proceed?
If you are not stopped at the scene of the incident, the obligation upon the Police is to serve a Notice of Intended Prosecution on the registered keeper of the vehicle within 14 days. The Notice has to be sent to arrive within that period of time. If it is not received, but the Police
What are my options for an alleged speeding offence?
Can I contest or challenge a speeding fine?
What defences are available?
Am I innocent until proven guilty?
How do I run a technical defence?
How do I know the equipment used to measure my speed is accurate?
I did not receive the Notice of Intended Prosecution within 14 days.
Can the Police still proceed?
The Police have misquoted the details. Does this invalidate the speeding ticket?
What if the Police stopped me at the scene but did not caution me?
What if the Police did not give me a producer at the scene?
I was told that it unlikely any further action would be taken and now I have received a Summons/Postal Requisition. Can the Police still proceed?
I didn't receive my Court Summons/Postal Requisition within 6 months. Is the prosecution valid?
What if I do not believe the Police followed the correct ACPO Guidelines?
Can I contest my case without attending Court?
When should I seek legal advice?
What are my options for an alleged speeding allegation?
The first issue is whether you accept that you were above the speed limit. If so, you can either accept the allegation in full or alternatively, you can argue the exact speed alleged. Whilst either option will result in a guilty plea, the latter, known as a Newton Hearing, allows you to dispute the exact speed with a view to obtaining a reduced punishment.
If you deny breaking the speed limit, then your only option is to plead not guilty via a Court hearing.
Can I contest or challenge a speeding fine?
Yes. Your options are to contest the speed itself (whilst conceding that you are travelling too quickly) or to deny the allegation in its entirety. Either tactic will require Court proceedings and in all probability a full hearing at which you will have to attend or be represented.
What defences are available?
There are various defences, ranging from "it wasn't me driving" to "I didn't break the speed limit" or "the Police can't prove that I was going that fast". In addition there may be technical defences that arise if the Police fail to follow the correct procedure when bringing the case.
Am I innocent until proven guilty?
Whilst the presumption of innocence until proven guilty holds true, and thus it is for the prosecution to prove their case, the fact is that unless you challenge the allegations or evidence, they will be assumed to be correct.
Speeding Evidence
How do I run a technical defence?
Firstly, you need to review the procedural issues. For example:
Are the documents correct?
Have they been served in time?
Are there are any errors or discrepancies that can be used to dismiss the case?
Even if it is apparent that some errors have been made, do not proceed on the basis that the case will be instantly dismissed. The rules do allow for amendments to be made so be prepared to show that any such amendments would be fatal to the prosecution and highly prejudicial to the case proceeding.
How do I know the equipment used to measure my speed is accurate?
You can challenge the accuracy of equipment used but this will require a Court hearing and the onus will be on you to put the prosecution on notice of the issues that you intend to take and to seek disclosure of all documentation that you require. For example, if you do not ask for a calibration certificate, it will not be produced. The Police do not have to prove that the device was working perfectly at the time of the incident. It will be assumed that it was working correctly, unless you have put the prosecution on notice of issues that you intend to take.
I did not receive the Notice of Intended Prosecution within 14 days. Can the Police still proceed?
If you are not stopped at the scene of the incident, the obligation upon the Police is to serve a Notice of Intended Prosecution on the registered keeper of the vehicle within 14 days. The Notice has to be sent to arrive within that period of time. If it is not received, but the Police
my car allways has been registered with dva in belfast allways has and allways will be, i am also registered on electoral reg in belfast allways . now i come to liverpool to work, i used to stay in a room for approx 4 days , i left that room a couple of months ago , i am now still in liverpool in a different room/guesthouse but the notice to prosecute went to my former room and it went there late out of the 14 day period , the date of offence was 19th aug the notice was posted on 27th october .
so few questions here cops posted it outside 14 day time frame
cops served notice to wrong address where i was never egistered , ever .
i am from belfast , am i outside juristiction ? i got flashed in scotland 1 year ago near dumfries and havent had any word from it.
so few questions here cops posted it outside 14 day time frame
cops served notice to wrong address where i was never egistered , ever .
i am from belfast , am i outside juristiction ? i got flashed in scotland 1 year ago near dumfries and havent had any word from it.
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