Our specialist solicitor, Conor Johnstone, explains how to win a speeding case.

Website: https://www.majlaw.co.uk
Phone: 0151 422 8020.

00:48 - 02:40 - NIP
02:40 - 05:50 - LOCAL TRAFFIC ORDER
05:50 - 08:36 - SIGNS
08:36 - 10:02 - CALIBRATION

The purpose of this video is to explain the FOUR most common ways to avoid convictions in speeding cases. Speeding offences are some of the most common criminal offences that are committed and everyone at some point in their life will probably get a speeding ticket. It's really important that you understand your rights, your options and some of the defences that might be available to you if you have been caught speeding. It is worth noting that every speeding offence is completely different. There are different speeds, different equipment and different legislation that's being used. So if you do find yourself in a situation where you've been caught speeding, try and get some independent advice.

The FIRST way that we avoid convictions in speeding cases is with the NIP (Notice of Intended Prosecution) and there are two parts of the NIP to discuss. If you weren't pulled over by the police, the NIP should be issued within 14 days. If it is not issued within 14 days to the registered keeper of the vehicle, then the whole case may fail for that reason. Occasionally, these documents do fall outside of 14 days, often due to poor administration. In those circumstances, you must still complete the NIP because you don't want to be in a situation where you're mistaken, and you are then accused of failing to ID the driver - an offence that carries six penalty points. You can still complete the document and go on to challenge the allegation on the basis that the NIP wasn't sent within 14 days, but remember it's for the police to prove this case against you and that may also require them to provide evidence to prove that it was sent within 14 days. If you're NOT the registered keeper, then it's not going to be sent to you. If you lease your vehicle, it may go to the lease company, and they may charge you a small administration fee just to deal with that document. The police should then issue a separate NIP in your name. The police then have 6 months to prosecute you under Section 127 of the Magistrates court act for a summary only offence. If you do not receive anything within 6 months, then you are usually in the clear.

The SECOND part of the NIP is the local traffic order. The police are required to tell you what offence you have committed, and they have to pinpoint the exact piece of legislation which applies in your case. Different speed limits enforced across England and Wales sometimes have local traffic orders. This is where the local authorities are in control of the speed limit which is enforced on a particular stretch of road. Not every speed limit will require a local traffic order, however if there is one the police must name it on the NIP. You are entitled to see a copy of the local traffic order. If the police cannot identify which local traffic order applies in the case, then it may lead to the case failing. You have 28 days to respond to the NIP. If you respond after 28 days, you may be liable to prosecution and risk getting points on your license.

The THIRD thing to check in any speeding case is signage. There should always be clear signs on the road to tell drivers what the speed limit is. There are two different types of speed sign. The first is a terminal sign which introduces the speed limit or tells you if the speed limit has changed. The second is repeater signs. These are small signs that will display speed limits which are usually fixed on lampposts, but they are not always as clear as the terminal signs. If the signs are unclear then you may not be aware that the speed limit has changed (i.e covered by overgrown hedges, graffiti, broken signs).The only way that the police can prove that the signs are adequate and clear is to take a real-time photograph on a site visit. Sometimes they try and rely on Google Earth or street view to show signs are compliant ,but that could be 6 or 12 months out of date and the layout of the road could have changed since then. If they cannot prove the signs were adequate, clear, and up to date, the case will fail.

The FINAL thing to consider is calibration. Every camera has to be set up and maintained in a certain way. If you've been caught speeding, try and check what device you have been caught speeding with. If you challenge this and ask the police to provide the evidence that the device was calibrated correctly, it will take the police a considerable amount of time and it will significantly reduce the time the police have to convict you.

We hope you have enjoyed this video and it has given you some useful information. For anymore information, see the links at the top of this page.