Speeding Offences

Defences to a Speeding Charge

The authorities have invested a great deal of resources into the detection and prosecution of speeding offences.  As a consequence, the police and those prosecuting speeding offences are very much better at avoiding the mistakes and errors that have frequently resulted in proceedings being dismissed. However, mistakes still happen and these can be exploited in favour of the driver to secure an acquittal.

There are several established defences that can be used to challenge a speeding offence which ranges from factual defences of mistaken identity or a denial that the vehicle was driven in excess of the speed limit to technical defences which require a comprehensive understanding of all the issues and expert evidence.

Errors in Procedure

One of the most common ways of defending a speeding offence is to establish that the police have not carried out essential checks or procedures.  Failure to carry out essential checks or follow proper procedure is often fatal to the prosecution.  The prosecution must also ensure that their case is properly prepared and that all the relevant evidence is properly placed before the court.  Again mistakes can arise during the course of a case that may prove fatal for the prosecution.

Unreliable Equipment

Where the speed is measured on a device the prosecution must prove that the speed measuring device is approved for use, and that it was operating correctly and was correctly operated by the police at the time of the offence.  If there is any doubt about any of these issues, the benefit of that doubt should be given to the accused and he should be acquitted.

Documentary Evidence

The prosecution may attempt to prove that a device is accurate and reliable by producing documentary evidence.  This might include a certificate of calibration and a certificate of accuracy in respect of the device used to measure the alleged speed.  The prosecution may also seek to produce photographic evidence.  It is important to note that even this type of evidence does not, in itself, provide conclusive proof of a speeding offence.  Moreover, it should not be assumed that certificates and photographic evidence cannot be challenged.  They can, but this must be properly done otherwise the advantage will be lost.

Time Limits

Another common defence relates to the time limits that apply to these offences.  For example, court proceedings must be raised within 6 months.  Furthermore, a driver must be warned that he is facing a prosecution within 14 days from the date of the offence.  This is done by a Notice of Intended Prosecution (NIP).  In camera cases, a NIP will be posted to the registered keeper of the vehicle.  If a driver has been stopped by the police for a speeding offence a verbal NIP can be given.

In some cases, evidential documents, such as certificates of calibration, must be provided to the accused within certain time limits. Failure to do so may result in proceedings being deserted.

Speed Limits

The prosecution must establish the speed limit that is in force on the road where it is alleged that the speeding offence occurred.  Road traffic signs have an obvious and important part to play in most speeding offences, but they are not the only means by which a speed limit is conveyed.  On some roads, the speed limit is conveyed by a system of street lighting.

There is a duty on Local Authorities to erect and maintain traffic signs to provide adequate guidance to drivers about the applicable speed limit that applies to a particular road.  Much of the law relating to traffic signs and road markings is contained in the Traffic Signs Regulations & General Directions 2002.  This provides detailed provisions relating to the type, size and positioning of traffic signs.  A failure to observe these regulations may also prove fatal to the prosecution’s case.

Special Reasons

As with other road traffic offences it may be possible to establish that “Special Reasons” apply.  A Special Reason is not a defence to a charge of speeding, rather it is a unique circumstance that explains why the offence was committed.  For example, if a driver is speeding because of a medical emergency then this may amount to a Special Reason.  If Special Reasons are established the court can refrain from imposing penalty points or disqualification.