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| Speeding
Tickets... |
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| Protecting... your
Life... your Licence... and your Livelihood.
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| Introduction. |
| Protecting
your Licence. |
| Speeding
Ticket? |
| Point-Swapping...
"FYI". |
| Going to Court. |
| "Duress of
Circumstances" |
| The Bottom Line. |
| Useful Websites. |
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| Introduction. |
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| The following
article covers a range of Strategies for dealing with Speeding Tickets,
taken from... the Internet: Newspapers: Television: etc. It gives
some "Legal Tips"... which might give you some ideas. A
range of "Template Letters"... for some common scenarios.
Some links to "Legal Information" in ebook form... which you
might be able to apply to your case. A few links where you can get
"Legal Advice"... about your specific case. And some links
where you can get some "Legal Representation"... if money is no
object. [Some things mentioned are actually illegal...
we
are not suggesting you should try them... we are merely reporting
them... "FYI" (For Your Information.)] |
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| [Follow this link
for Information on "Parking Tickets"] |
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| In Britain...
there is a common expression you might come across in Court...
"Ignorance of the Law is no Defence". It is your
responsibility to know the Law! But, do the Authorities really want
you to know all the 'ins-and-outs' of the Law? Because that just makes you
a lot harder to prosecute. When it comes to Speeding Tickets... the
Law and Justice have long since parted company. [Read... "Legal
Tips"] |
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| While the wealthy
can engage the services
of an expensive Lawyer to get around the Law... the most serious
offenders often escape the clutches of the Law altogether, [because they
don't even bother registering their vehicles.] That just leaves the
easy targets... the law-abiding majority... who get clobbered at every
turn. Is it any wonder that so
many people now feel that the Law is something that they need protection
from... rather than it being something which is there to protect them!
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| 2007... a survey
revealed that hundreds of thousands of drivers escape Speeding
Tickets because the police do not have time to pursue difficult cases.
The vehicle is not legally registered at a proper address. It
is a foreign number plate. Or someone has used an
accommodation address and cannot be served with a NIP within the 14
day requirement. [This
is perfectly legal... you do not have to use your home address... as
long as you are able to sort out your Road Tax... any address will
do.] So, anything that needs to be 'signed for' or delivered
within a fixed time period could very well end up in the 'too hard
basket'. [Out of an estimated 2million illegal drivers...
930,000 have been classified as 'persistent evaders'.] |
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| We do not in any way condone...
speeding... dangerous driving... inconsiderate behaviour... blah! blah!
blah! and for
anyone given a Speeding Ticket... well, maybe you deserved it? Having said
that... almost everyone exceeds some speed limits at some time. And the
Government do not target the most serious offenders... they go for the
easy targets. These days... [and particularly if you happen to be a
high mileage driver]... it is extremely likely that you will end up
getting a Speeding Ticket at some time.... however carefully you drive. |
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| A
Government that is supposed to improve people's lives... actually cause
major disruption and hardship to a lot of law-abiding people... while achieving
absolutely nothing in terms of safety. So... you can either just
roll over and accept whatever the Authorities throw at you... or you can
get clued-up... and use the Law to your full advantage. The
Authorities will happily prosecute you on a technicality... so there's no
reason why you should feel guilty about getting out of it on a
technicality! [See blinkx
Videos for more Information and News Stories on this subject.]
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| Protecting
your Life and your Licence. |
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- The lines of
defence are... not getting a Ticket... not receiving the Ticket... getting
the Ticket withdrawn... taking the fight to Court and winning. So, what are the
options?
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- First... you can start by driving as safely
as possible... and doing your best to stay within the speed limits.
Forget about the Police... Dangerous Driving often comes with a
"Death Penalty"... not just for yourself... but even
worse... for your passengers and for innocent bystanders!
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So, take full
responsibility for your own personal safety... you can do a lot more
to protect yourself [by what you drive... and the way you choose to
drive] than the Government can ever do for you. Consider taking
an Advanced Drivers Course... those who do have a lower rate of
accidents and generally pay lower insurance premiums.
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- While the
Police could stop you for speeding at only 1mph over the limit...
cameras usually have a bit of leeway... as a
guideline... you might get away with driving over the limit by
10% + 2mph. [i.e. 35 in a 30... or 79 in a 70.] More than that
you will get a Fixed Penalty Notice.
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- For more serious speeding
offences [i.e. 50+ in a 30... or 96+ in a 70] you will probably receive a
Summons... [and in the near future this could carry a 6 point
penalty.]
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- Start familiarising yourself with the different camera technologies...
how they work... where they're most likely to be sited, etc... what
you can do to reduce your risk against specific models.
[See:
Speed Cameras - a brief Summary]
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- Make sure you
know where all the fixed cameras are in your local area...
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- or routes you
drive regularly.
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- On other
routes... watch out for Gatso warning signs.
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- Get an AA road
Map that shows fixed camera locations. The
AA.
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- Choose a route that doesn't
have any cameras.
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- Visit a website
with a database that shows all the latest sites. SpeedCamerasUK
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- If you do exceed the limit... watch
out for Police cars coming from behind... unmarked cars ahead... video
units at the side of the road... Police on bridges over motorways...
oncoming cars flashing their headlights... follow some other lead-foot
so they get caught out with Radar rather than you... or you get a bit
of advanced warning from a detector.
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- Cover your number
plate with a special high-gloss spray which reflects the flash from
cameras. Note: some of these sprays do seem to be quite effective
against Gatsos... and although the Authorities don't like them...
they're not illegal... yet! [Read our assessment... Anti-Flash
Sprays:
do they Work? are they Legal?]
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- Many laser gun operators aim at the number plate... because it
reflects the laser better than other sloping parts of the car.
Tip... tilt your
number plate so that it is pointing either upwards or downwards... which
"they say" makes it more difficult to get a reading: [don't
know if this actually works?!?]
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- Still got a Speeding Ticket?
then you either accept it... [especially if the fine is low and the
evidence compelling.]
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- Or... you fight
it! See: Pepipoo.com
have a look at their FAQ's and visit their Forum. Lots of people have already been through
the Speeding Ticket process, so this is a good place to seek free advice.
[You
can also talk to a Solicitor... for £3 per minute.]
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- Don't wait until you're on the point
of losing your licence before you start contesting your cases... fight
all your Speeding Tickets if you think you might have a chance.
[You may be offered the opportunity to do a course rather than have a
3 point deduction.] If you
want to get a different perspective, visit... Ask
The Police.
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- Have a look at UK-Driving-Secrets. for
Legal Info on all aspects of driving... getting stopped... appealing
against Speeding Tickets... and taking the fight to
Court... in a downloadable ebook. Have a look
at their
advert and see whether you think it might be useful. For further
Information for the UK and USA See Legal
ebooks.
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- Just in case the worst comes to the
worst... you get a driving ban... and you can't get by without a
car... maybe you should consider taking out some 'Chauffeur
Insurance'. There is quite a variety of schemes... and they can
be expensive... but depending on your circumstances... might be a
worthwhile investment. See Edequip.co.uk
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| Your
basic Rights if you get stopped by the Police. This gives
you a basic outline of how to behave if you get stopped by the
Police... what to do... what to say... and just as importantly...
what not to do... and what not to say. Keep a copy in your car
to refer to in case you get stopped. |
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| Speeding
Ticket? |
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| Even doing all
these things will not guarantee that you don't get caught out... so the
next line of defence is fighting the Speeding Ticket. Regulations govern all
aspects of the law and may be contravened by the issuing Authority... go
over the Speeding Ticket with a fine-toothcomb... if they've left anything out the
Ticket... or written in something which is wrong... it might be enough to
make it invalid. It may take a bit
of time and research to get to grips with the paperwork... not just the
initial Speeding Ticket... but the whole paper-trail involved in going to
Court. If you mount a determined defence and the CPS [Crown
Prosecuting Service] believe they have a less than 51% chance of winning,
they might withdraw the charges. |
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| Was it really your
vehicle?
Sometimes people get sent Fines for... Parking... the 'Congestion Charge'... or
a Speeding Ticket in places they have never been too. This may be because
someone has 'Cloned' their vehicle. When vehicles are stolen...
sometimes they are broken up for parts... sometimes they are exported...
sometimes they take on the identity of a vehicle which has been
written off... and sometimes they are used, but are given a set of false number
plates. All they need to do is identify a similar vehicle... and have a
set of its number plates made up... or steal the plates: [approx. 35,000
sets of number plates are reported stolen each year.] That way if the Police check out the
vehicle... the computer will just say... Owned by... Mr. Smith. Some Road. Any
Town... rather than 'Stolen'... and any Fines get sent to someone else.
[Read about... 'Cloned Vehicles']
If it definitely was your vehicle... read on...
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| Your vehicle?
If a vehicle was the same make, model and colour as yours... with
your registration number... it can be very difficult to prove it
wasn't yours... or even to create reasonable doubt. If you
think the vehicle might not have been yours... examine the photo
carefully... perhaps there are some slight differences between your
vehicle and the one in the photo... even something like a sticker in
the rear window might indicate it really wasn't your vehicle.
It would be very helpful if... you could produce a photo [not
a digital photo] showing your vehicle didn't have such a sticker...
and also produce an older photo showing that it didn't have one in
the past either. [Obviously this doesn't 'prove' it wasn't your
vehicle... you could easily have taken a photo... put a sticker in
the rear window... and then removed again... but it may be enough to
cast reasonable doubt.]
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| Point-Swapping...
"FYI". |
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| August 2005. Following extensive
anecdotal evidence... a recent survey
revealed
that over 700,000 drivers have avoided points on their licences by getting
a partner/family/friend... to admit to a Speeding Ticket. The growing practice of
'points-swapping' is believed to be saving thousands of motorists a year
from being banned from driving. The survey of 2,000 drivers by
Churchill Insurance found that... |
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- 2.2 per cent admitted to taking points on
behalf of someone else... [most often their partner.]
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- With 33 million
licence-holders in Britain, this is
the equivalent of 726,000 drivers.
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- A third said that they would
consider asking their partners to accept responsibility for a Speeding
Ticket if it
prevented them from losing their licence.
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- The overwhelming majority
of those who had taken points for a Speeding Ticket on behalf of a partner were women.
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- One in seven motorists in the survey
said that they would be unable to work if they lost their licences.
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| Police chiefs have been puzzling why the number of people being
disqualified by gaining a forth three-point penalty has fallen, while the
number of Speeding Tickets has multiplied. In 1999, 500,000 offences
were detected by Speed Cameras... resulting in 34,000
disqualifications. By 2003, the figure had risen to 1.8 million...
yet
the number of people disqualified for acquiring 12 points fell to 33,000...
rather than rising to... circa 120,000. |
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| The survey would appear to
undermine the explanation given by some pro-camera groups that cameras
are working... that drivers, faced with the prospect of a ban, changed
their ways. As a spokesman for The RAC Foundation said "The
temptations are great for those who would lose their livelihoods. A wife may be
forced to choose between having the whole family plunged into financial
hardship... or just accepting the points on her husband's behalf".
The rise in points-swapping would certainly help to explain the discrepancy. |
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| The Association of Chief
Police Officers [ACPO] said that points-swapping was very difficult to
detect and usually came to light only when a couple got divorced and the
wife accused the husband of passing his points on to her. |
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| [Note...
if you reported such an incident to the Police you could be admitting
to... "Perverting the Course of Justice"... or some
other serious offence. You could be found guilty because you had
admitting to the offence... but they would still have to prove the case
against the Spouse... which may come down to your word against
theirs. Go down this route and you may very well end up shooting
yourself in the foot.]
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| Ian Bell,
ACPO's speed camera liaison officer, said... "While Gatsos photograph the rear of the vehicle,
others, like Truvelos and mobile cameras, take a picture of the front and
may show who was driving. But... if we have got an admission by a
driver... there would be no reason to check". [See News
Story 28... points swapping takes to the Internet in France and
Spain.]
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| Mid-2005... There was a story in
the Papers about someone who got a very heavy Fine
for getting his wife to take Penalty Points for a Speeding Ticket on his behalf. The
Police only found out because he went onto the 'Pepipoo' Forum and
told everyone! So take note... breaking the Law, then blabbing
about it... definitely not a good idea!! |
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| It is often the case that
someone other than the registered owner is driving a vehicle. It may
be that you genuinely do not remember who was driving... three weeks
ago last
Wednesday [particularly if say... one or other parent always drops the kids
off at school, but
not according to any set pattern.] But you decide to put down
someone's name... rather than go to Court. If it did come to light...
[say because of a photograph] that you got it wrong [made a genuine
mistake]... just bare
this in mind... Lying is a serious offence... having a bad memory
isn't! |
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| 2003... well known
couple Neil and Christine Hamilton went to Court and said that they
genuinely could not remember who was driving at the time of an
offence... and got out of their Speeding Ticket. |
| 2005... this couple lied and
turned a £120 Speeding Ticket into an £11,000 Fine... Found Guilty of
"Perverting the course of Justice"... but still didn't get any points on their licences
because they could not establish who was driving... Read
More. |
| 2006...
and someone who got 6 months in prison for deliberately lying about
the driver... Read More. |
| 2007... 3
people get jailed for lying in Court... Read
More. |
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| Something to
consider... refusing to name the driver is an offence... but as we say...
having a bad memory isn't! [Companies are meant to keep a log of who
was driving their vehicles... failure to name a driver could result in the
prosecution of a company official.] Try sending back the FPN or NIP with a
covering letter which says...
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- The vehicle could have been driven by
any number of individuals... [2, 3, 4?] name all possible drivers if
you can... and nobody can remember being
on that road on that day. Let them know that you have checked
credit card statements to see if anyone was in that particular area on
the day in question.
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- Point out... that it is always
possible it was a 'Clone'... vehicle which had been stolen and was using
bogus number plates, [it does happen.]
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- Assure them that you are doing your
best to find out who was driving but you will require their
assistance... and ask them to sent you copies of any photographs.
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- Maybe that will establish who was
driving... maybe it won't. Put the ball back in their court...
and maybe they will give up.
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- Cooperate... but admit nothing!
If they're going to convict you... make them work for it!
[See... Template Letters.]
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If all the necessary checks, enquiries and investigations had been made... into
all the possible drivers... and still there was no way to establish the
true identity... the keeper of the vehicle and any
potential drivers could still end up in Court... and be cross-examined by
a prosecution
solicitor or barrister. If this did not establish who was driving the
vehicle... then the law says... that the keeper of
the vehicle cannot be held responsible. But, this would only happen if the
Court was satisfied that the owner or keeper had used 'reasonable
diligence' in trying to find out
who was driving.
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| Important
Notice... as of Monday 24th
September 2007 the provision from the Road Safety Act 2006 to raise the
driving licence penalty points from 3 to 6 for the offence of 'failing to identify the driver' becomes active. But... vehicle owners should
still be aware that they have no obligation to 'name the driver' if they
do not know who the driver was at the time of the alleged offence... and
cannot discover the identity of the driver using 'reasonable diligence'. This
is a statutory defence and is enshrined in the
statute [RTOA 1988 S172(4)]" However... if you do go to Court
you must convince them that you have diligently tried to discover the
identity of the driver... if they really don't believe you... you could
end up in more serious trouble... with 6 points on your licence and a Fine
of £1,000.
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| If the owner does
name an alternate driver... that driver could admit that the vehicle was
in their possession... but still say
that they were not actually driving and cannot find out who was.
There is a lower level of expectation on this driver to find out who was
driving than there is on the owner... they are only expected to 'supply
any information which is available to them'.
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| Going to
Court. |
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| Even just knowing the basics
of what to say... and what not to say can make a huge difference. Knowing
what evidence to have... what they will have... and how to prepare your
case. If you do not have a
Solicitor but want to contest a Speeding Ticket in Court... you can have someone sit with
you... [known as a "McKenzie Friend".] You can confer with
them but they cannot address the Court directly. |
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| UK
Driving Secrets. - Downloadable ebook
written by a Traffic Officer with years of
on-the-job experience... it gives Legal tips on all aspects of driving...
getting stopped... appealing against various tickets... and taking the fight to
Court. [The
kind of Information that an ordinary Solicitor probably wouldn't
tell you about.]
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| Pleading
Guilty? If you elect to go to
Court... plead "Guilty" and don't bother mounting any kind of defence...
you can expect your punishment to be more severe than if you just paid the
Fixed Penalty. If you do plead
"Guilty" then you can only claim "mitigating
circumstances", [i.e. you were trying to get out of the way of an
Ambulance]... or "special circumstances", [a driving ban would cause
serious financial hardship to your family, as you would lose your job]... in the hope that you will receive the minimum
punishment rather than the maximum. [But if the offence was covered
by a Fixed Penalty Notice (FPN) then that was probably the least you could
have been Fined anyway.] |
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| Delaying Tactics.
Depending on your
personal circumstances... you might still choose to do this.
If you are on 9 points... and with 3 more... about to hit the 12
mark... [but some of those points are due to expire within the next
few months]... 'Delaying Tactics' might save you from a driving
ban. Or, as an example... let's say you were working and saving up to go round
the world on a "gap-year". If you could delay your
court case by 3-6 months... carry on working... pay a slightly bigger Fine... and serve
your driving ban while you're overseas? That might be a better
option than getting banned... and losing your job straight away. |
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| Furthermore...
the longer you can delay the case the more chance that the Officer will
remember nothing about your encounter... [other than what he has written
in his notebook.] You might be able to object to a request for a
postponement by them because of upcoming holidays??... other work
commitments?? The Officer might be moved to another area... changed
their job entirely... or even retired. Basically... the longer you
can drag it out... the better the chance that something will prevent the
case proceeding...
[Read... 'Delaying Tactics'] |
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| Pleading Not
Guilty? If you think you have a chance
of getting off... plead "Not Guilty". This may be a bit of a gamble, in the sense that...
if the evidence against you is compelling and you don't offer much of a
defence... your punishment will probably be much worse. If you put
up a good defence... but are still found Guilty... you can always plead "mitigating
or special circumstances" and you might get a minimal sentence. Finally... if you can mount a decent case, you may get
off altogether. [Read...
'Got a Ticket? Going to Court?'] |
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| Calibration Certificates. |
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| All of the
machines used in modern day speed detection must be properly Calibrated...
and used only by officers specifically trained in their operation. There
are also strict rules governing when, where and how the machines should be
used. If the stringent operating requirements have not been met the
Prosecution may be unable to prove a speeding offence
So, you could start with the "Calibration
Certificate"... even if you don't think the reading was inaccurate.
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| Assuming you have
returned your FPN and
pleaded "Not Guilty". [If you think the speed indicated by
the Police was too high... if they say you were doing 76 in a 50 zone...
don't bother saying you were only doing 74! you are still Guilty.] You will
receive a Summons from the CPS. Write to them [use recorded
delivery] and tell them you wish to contest
it on the grounds that "you were not speeding"... there must have been a
fault with the equipment... or its operation... therefore, you will require them to send you
the following... |
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- A copy of all the evidence they intend
to present in Court... plus...
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- Any photographs... [Gatsos
take two] plus... you need to know the timing between the two photos so you can work
out your speed.
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- Calibration certificate and
maintenance records for the equipment.
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- If relevant... copy of the
records in the Pocketbooks of the officers who should have checked the equipment
at the start and finish of their shift... [if that was a requirement.]
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- details of the
officers training... with copies of any 'certificates of competence'.
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- a copy of the Instruction Manual for
the Radar [or Lidar] equipment.
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- a copy of the Force's
operating procedures.
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- And you will require all this... at
least 7 days before the date of the Hearing.
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- Also... have your own comprehensive
notes and photos. Including details of... your conversation:
equipment used: serial numbers: etc. [go back and take some if it will help your
case] to back up your version of
events. [If asked... did you make these notes at the time... it is
more helpful if you can honestly answer... Yes!]
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| 1. If they find any of these
records are incomplete... they might withdraw. |
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| 2.
If it is a fairly minor offence... they may decide that it isn't worth
their time and effort... particularly if the evidence is not watertight. |
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| 3. If they don't send you the
records... ask for the case to be thrown out as you were unable to mount a
defence because the CPS did not fulfil their Statutory Obligations and furnish you with the necessary
Information. |
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| 4. If they send you everything
you've asked for... [and it all appears in order] ignore it and try a
different approach. [For more Information about Speed Cameras and
their Calibration... see UK-SpeedTraps.] |
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| "Duress
of Circumstances" |
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| The standard issue
"Highway Code" only covers the Rules of the Road... it does not cover all the Laws concerning road usage...
have a look at the Section "Annexes. 4 The Road User and the
Law"... this will tell you which Act of Parliament the offence was
passed under. There are also other publications like... "Wilkinson's
Road Traffic Offences: [currently, the 23rd Ed".] Over the years, all kinds of 'Unusual Incidents' have been taken
to Court. When judgements are made in some of the higher Courts, they become "Case
Law"... and while some Lawyers [specialising in defending wealthy
clients for driving offences] will carefully read every ruling... they
will pass by completely un-noticed by the general public. |
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| Now... we wouldn't say that
Lawyers tell their clients to make stories up... but, if your client's
circumstances can be made to match a Case that has already been decided in
one of the higher Courts... a lower Court would have to rule in the same way.
And as one of these well known
Lawyer says... all you have to do is come up with a reasonable excuse...
cite a precedent... and this turns the tables on the Prosecution.
The
burden is then on them to prove that what you are saying is not true...
something they may not be prepared for. |
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| "Wilkinson's
Road Traffic Offences, 23rd edition" from Sept. 2007... is
a specialist, publication for the Legal profession and costs about
£299. Also now available is a new publication for those who
want to try it themselves... "Wilkinson's
Road Traffic Referencer 2007" cost = £55 laid out in an easy
to understand format. So, basically... find a scenario that matches yours,
exactly... cite the case in Court... and [as long as they believe
you] the outcome should be the same. |
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| One of their most
common defences relates to something called "Duress
of Circumstances". This is almost like a 'get-out-of-jail' card
for all manner of situations... from speeding... dangerous driving...
selfish behaviour... or even an accident. [It is actually a General
Principal of Law that can be called on for just about anything short of
Murder!] Basically... you behaved in
the way that you did because you were... "in fear for your
safety/life". Note... not "I was in a hurry,
because... had to get to a meeting... was trying to catch my
plane"... etc.
etc. [Say that in Court... and you lose!] |
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| Although these
rules are 'open to interpretation'... one of the things it might enable
you to do is... exceed a speed limit, in some limited circumstances... i.e.
if you were in a life-threatening situation... or in fear of your safety...
and you could 'defuse' that situation by 'speeding' away from it... without endangering
others. Then the Law might permit you to exercise that option.
[Of course, you still have to convince the Magistrate that there was a
genuine reason... and this was not something you just made up.] |
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| "Wilkinson's
Road Traffic Offences, 23rd edition" reports..."Duress
of Circumstances". The Court of Appeal confirmed that
such defences were available for offences such as these, but only...
"where a defendant had committed an otherwise unlawful act to
avoid imminent peril of danger to life or serious injury to himself
or some other person for whom he was responsible. The evil
must be directed towards the defendant or some other person for whom
he had responsibility and could be identified by reference to the
action threatened. The evil to be prevented must be greater
than the evil done... which should be no more than reasonably necessary
to avoid the harm feared". |
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| Please Note...
this is not Legal Advice! Hopefully this will point you in the right
direction... get you thinking... give you some ideas... make sure you're a
bit more clued-up before you start talking to a Solicitor: [and at £3 a
minute you don't want to be discussing the basics with them!]
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| One
famous example... |
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| David Beckham was charged
with doing 76mph in a 50 Zone and given an 8 month driving ban [points up
to 12] but appealed... turned up in Court with his Lawyer [Nick Freeman] who claimed... he
was being pursued by a member of the Paparazzi who was... "driving in a very
dangerous manner endangering his clients life". So, as Beckham was driving
a high performance car... and there was a stretch of open road ahead... he
accelerated away. Thereby... managing to defuse a dangerous situation...
and without putting anyone else at risk. |
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| Now... we're not
saying they're making it all up! but... you would have thought that
Beckham might have mentioned this fact to the Police that stopped him...
or at his first hearing... [of course, we weren't actually there, so maybe
he did?] But... as his Lawyer says... "put up a reasonable
explanation... and let the Prosecution prove it's not true". |
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| Been tailgated by a
Truck? |
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| The following
covers a few
fairly common scenarios you might experience at some time during your
driving career and which might justify a driver exceeding a 'Speed
Limit' for a short time. |
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| Let's say you were driving
down the road and got caught speeding... maybe even pulled over by the
Police. Unless they have been following you... and filming you... they probably won't
have any detailed evidence/notes about other vehicles following you.
So, [as long as you haven't already done something stupid, like admitting
your Guilt!] it
may come down to your word against their notebook. You say you were
being followed by a large truck... and they have nothing that can refute
that. |
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| Single Lane.
Let's say
you were driving at 30 in a 30 zone and unexpectedly found yourself being aggressively tailgated by
a large truck. There is nowhere you can pull over without hitting
the brakes... which could be very dangerous as the truck has a much longer
stopping distance. You slow down... he tailgates even closer.
You speed up... he speeds up as well... so you have the same situation
only it's even more dangerous as you are now both travelling faster. |
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So, you wait until you see a bit of open road where you know you can
accelerate quickly [well within the capabilities of the vehicle and the
driver... no vulnerable road users around, like pedestrians] and put some distance between yourself and the
truck. [If you've ever seen Stephen Spielberg's 1972 movie
"Duel"... a rather extreme example... but you'll know what I mean!] That way you can... pull over... maintain a safe distance...
allow another vehicle to pull out, creating a buffer zone, etc. And if this is
done at the right moment... you can defuse a dangerous situation... without
putting anyone else at risk. Something you should be quite within your rights
to do.
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| Or... you might
be travelling along the open road with a 50mph limit... a truck in front
and an aggressive tailgating truck behind. A very dangerous
situation for you... one you should try and get out of. But if you
are all travelling right on the speed limit... there is nowhere to pull
over... how can you extricate yourself from this situation without
exceeding the speed limit? If you can find a safe stretch of road to
overtake... you might be able to get yourself out of danger... without
putting anyone else at risk. [Just remember... "I was in fear
for my life"... not "I was in a hurry!"] |
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| Two Lanes.
Perhaps you
are on a duel carriageway and the same situation occurs. You slow
down to let the truck past... but he will not overtake and becomes even more
aggressive. Possibly the driver is feeling aggrieved with you for some reason... or is
just trying to intimidate you into driving faster [perhaps, so he doesn't
lose his momentum as he approaches a hill.] So, as with example 1... you conclude that the truck is driving in a very dangerous
manner... and the only reasonable course of action is to put some distance
between yourself and the truck... by temporarily exceeding the posted
maximum speed limit. |
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| Three lanes or more.
Perhaps you are on the motorway travelling at the speed limit of 70mph and
you are surrounded by trucks all doing a similar speed [they may be
exceeding their 60mph limit.] This is an obvious 'danger zone' that you really don't want to be
stuck in...
especially if one of them is tailgating you. If anything happened
your car could be crushed like a tin can! So, what are your
options? Perhaps, you can see that there is some open
road ahead... so you make the decision to accelerate out of the 'danger
zone' and into the safe, open space up ahead... where you can slow down
and continue your journey within the speed limit. Again... this gets you out of a dangerous situation... without
endangering anyone else. |
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| Imagine this same
scenario but it is raining... or has been raining and there is lots of spray being
thrown up making visibility almost impossible. Clearly you are better off if you
can extricate yourself from any situation when you are being endangered by
large trucks. A vehicle that was the same size as your own or
smaller would offer less justification. Firstly, because the dangers
they pose are less. Secondly, they might speed up as well... in
which case you have created a more dangerous situation... where two
cars? bikes? appear to be 'racing' on a Public Highway. |
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| Speeding
Templates. |
| Clicking on the
following links will lead you to one of three very similar "Speeding
Templates". Now... if you were actually involved in one of
the following scenarios... where you were exceeding the posted
Speed Limit because of "Duress of Circumstances"...
you can just copy and paste it into a word processor... fill in your own
specific details... [alter and adjust as required]... then print off the
page. [Remember... this is not 'Legal Advice'... if you want that...
see a Lawyer.] |
|
| Scenario 1.
Given a Speeding Ticket on a single lane road. |
| Scenario 2.
Given a Speeding Ticket on a dual-carriageway. |
| Scenario 3.
Given a Speeding Ticket on a Motorway. |
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| The rules on "Duress
of Circumstances" cover all kinds of scenarios... not just Speeding
Tickets. But the basic principles are the clear and specific... i.e. |
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| 1. You
were in fear for your safety. |
| 2. The
threat was something specific. |
| 3. The
risk to others by your actions was minimal. |
| 4. You
only did it for as long as was absolutely necessary. |
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| If you had a scenario where
you were on a motorway... all traffic had come to a complete stop... and
you had someone with you who had just gone into labour... [had a heart
attack... been injured??] and you really needed to get them to a Hospital...
then you might decide to use the hard-shoulder. Now if a Police car
saw you... they might pull you over with the intention of giving you a
ticket. But as soon as they realised you were carrying someone in need
of urgent medical treatment... they would probably give you an escort instead.
They would have used their common sense... and decided that this was
a justifiable course of action in the
circumstances. And this is what you need to keep in mind when you
are presenting your case to a Court... were my actions justifiable in
the circumstances? |
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| Another
famous example... |
|
| In a similar vein... Man.
United manager Sir Alex Ferguson was pulled over and given a ticket for this
very offence... [using the hard shoulder to by-pass a traffic jam.] At the time he offered no
explanation... but when he turned
up in Court with his Lawyer... Nick Freeman, aka "Mr Loophole"
[same one as David Beckham] he said he had only done it because he was
suffering from diarrhoea and desperately needed to get to a toilet.
When asked why he said nothing about this at the time he said that he was
embarrassed because he was a celebrity and feared it might end up in the
papers. Of course... some people might have difficulty believing
this, on the basis that... if he was so worried
about embarrassing publicity, he probably wouldn't have mentioned it in Court
either. However, the Court accepted his explanation
and let him off. |
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| Road Rage Incident? |
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| This is just a story shown on
Television which can demonstrate how the "Duress of
Circumstances" law works. There was a road accident where
someone had been driving fast through a Suburb... or Village. There
was a car up ahead of him, slowing down to turn right. Instead of slowing
down the speeding driver pulled out to the right, in order to overtake... going onto the wrong side of the road...
passing a traffic island on the wrong side. He then clipped the car that
was turning right... was sent into a sideways spin... his car then flipped
over, rolling down the road into the path of oncoming traffic... and hit
another car, badly damaging it. It would seem like a clear case of
dangerous driving! |
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| But the driver said to the
Police... that a few minutes earlier, another vehicle had side-swiped his
car, smashing his wing-mirror. The other vehicle... with several
occupants on-board... had come after him... tried to "run him off the
road"... and someone had been waving a gun, pointing it at him. He them
panicked, and tried to drive to a Police Station. He said he had
only overtaken the turning vehicle because he feared that if he slowed
down, they would have come along-side his car and shot him. |
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| The Police found little or no
evidence to suggest that anyone had been after him with a gun and he was
charged with 'dangerous driving'. In Court his Lawyer argued that
his client had only behaved the way he did because he was "in fear of his
life"... and dragged out the old "Duress
of Circumstances" appeal. The Court accepted the argument that
just because the Police had failed to uncover any evidence that another
vehicle, and a gun was involved... it didn't mean that there wasn't.
[Further more... even if the Police proved there was no gun... the driver
could still claim that he "thought there was a gun"...
and so acted as he did.] They therefore gave the driver the benefit of the doubt and he was found
"Not Guilty". |
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| Special
Reasons.
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| If
the Court does not accept that the situation did not amount to 'Duress of
Circumstances' you could still ask them to consider 'Special
Reasons'. In these circumstances they might find you guilty but
accept that your behaviour was not unreasonable and impose a lower
punishment... or no punishment at all. The most common 'Special
Reason' is that of an emergency. Perhaps, if you had been caught
speeding taking someone to a Hospital... rather than wait for an
ambulance... and it turns out the person was not badly injured or ill...
they might find that there was a 'Special Reason' as you were not in any
position to make a medical assessment of the person you were taking to
Hospital.
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| The
Bottom Line. |
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| With 'Speeding
Tickets' being thrown around like confetti... to anyone and everyone... it's
no wonder that so many law-abiding citizens are becoming disillusioned with
the present system. The most serious offenders... those driving
illegal vehicles... the ones who should be targeted... are allowed to slip
through the net... while they get punished for relatively minor offences. The
Authorities will be quite happy to prosecute you for any technical breach
of the law... so why shouldn't you get out of it if they have also made a
technical breach of the laws that govern the way they must perform their
duties. |
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| In the Longer
Term... if Speed Cameras really are the bane of your life and
you think there is a better way... then help us develop one by
giving us your Comments, Ideas or Opinions. Have a look at... The
Concept... The
Project... Help
Us... or simply make a Donation
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| For many people,
hitting the 12 point mark can cause major disruption to their lives.
Legal Tips cost you nothing... specialist Legal Information will cost you
10's of ££'s... Legal Advice from a Solicitor will probably cost you
100's of £££'s... and Legal Representation in Court will cost you
1,000's of ££££'s. [Though if you are found 'not guilty' the
Court may pay some/all of your legal costs.]
If you can't afford to risk the services of an expensive Lawyer... then you need
to start getting clued-up yourself... right now! Hopefully the
following Links will help you find the Information you need at the best
possible price... |
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| Useful
Websites. |
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| We
cannot vouch for every website mentioned... these are just a few well known
resources on various aspects of this subject. [If you just start
reading you will get to grips with the basics quite quickly.] |
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| Legal
Information... [in ebook form.]
|
| ClickBank
- who have over 10,000 different Information products available...
covering just about every subject imaginable.
|
| UK
Driving Secrets: [UK] - Downloadable ebook
written by a Traffic Officer with years of
on-the-job experience... it gives Legal tips on all aspects of driving...
getting stopped... appealing against various tickets... and taking the fight to
Court.
|
| Beat
the Wheel Clampers: [UK] - You won't have to argue with the
clamping thugs. And you won't have to fill out lots of complex
paperwork. Just pay the fine as normal, then send off a simple
template letter. Your money will be refunded within a couple of
weeks. [You'll need this info before you get clamped.]
|
| Drink
Driving Facts Kit: [UK] - Not that we in any condone
Drink-Driving... but if you have been breathalyser and you need some legal
advice... this is a good place to start. Why pay a Lawyer to give
you information when you can download all the essential facts for a
fraction of the price? [Also gives some
interesting facts and figures about Drink-Driving.]
|
| Traffic
Ticket Secrets: [USA] - Discover the hidden Loopholes within the Traffic Court System... tells you
how to go to Court... what to say... what to ask... says it gives you the
best defence... but does not guarantee you will get off.
|
| Beat
My Speeding Ticket: [USA] -
Dealing with Speeding Tickets issued from Radar: Laser and pacing...
claims it can get you out of these kinds of Tickets or your money back!
|
| Beat Any Speeding
Ticket: [USA] - claims to have a success rate of about 80%... has
more of a website... and can be contacted about your case.
|
| The
DUI Process Manual: [USA] - Legal Advice for those
who have been breathalyser and are facing a trip to Court... or have
already been convicted and want to clean up their driving record.
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| Legal Information...
[Publishers and Resources.] |
| HammicksLegal.co.uk -
Publishers
of Legal books. The latest editions of "Wilkinson's Road Traffic Offences,
23rd edition [cost = circa £360.00] This link takes you to the Home
page... copy and paste "Wilkinson's Road Traffic Offences" into
their Search Box. |
| Wilkinson's
Road Traffic Referencer 2007 - New from Sept. 2007 a copy
for those non-legal types who want to give it a go...
cost = circa £59... laid out in an easy
to understand format... [they say!] |
| Amazon.co.uk -
To
find second-hand editions of "Wilkinson's Road Traffic Offences, 22nd
edition"... or earlier... [maybe!] should be a fraction of the cost
of the newest version... but contains much of the same information. Or try typing the Title into Google search,
to track down an old copy. [Be warned... if an advert says '2nd
Supplement' or just 'Supp'... these are just small books of recent updates and
additions... not the books themselves.] |
| CPS.gov.uk
- Crown Prosecution Service. |
| OPSI.gov.uk -
For online publication of Road Traffic Legislation. |
| Ask
the Police.uk
- For some advice from a different perspective - ask the Police.
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