Speeding Defence

There are a number of potential defences and loopholes to look at to see whether you can succesfully defend a speeding ticket.

These are sometimes described in adverts as driving secrets. Remember, there is no such thing as a 100% guarantee that you will escape a speeding fine or conviction if you are guilty!

See below for info about:

- what to do if you receive an NIP and were not driving

- what happens if you don't receive an NIP

- what happens if you don't return the form

- how long the police have to issue court proceedings

1. I was not the driver
If you were not the driver then you are not guilty of an offence. However, if you were the registered keeper then you are required by law to return the Notice of Intended Prosecution form with the driver's details. Failure to do so is an offence punishable by six penalty points on your licence. The authorities will then contact the alleged driver who will then be prosecuted.

2. I don't know who was driving when the car was caught on the speed camera
You are required to make every effort to discover who the driver was. This may involve checking fuel receipts, phone records etc of those people who could have been driving. More

3. It's a company vehicle and I don't know who was driving
You are required to make every effort ("reasonable diligence") to find out who was driving at the time of the alleged speeding offence. As an employer you are required to check the licences of those people who you allow to drive the vehicle.

4. My wife and I shared the driving and I don't know who was driving at the time
This defence was successfully used by Neil & Christine Hamilton. Again you must make every effort to find out who was driving at the time of the speeding offence.

5. I genuinely wasn't speeding
Ask to see the police photos/video from the speed camera equipment. This may require you to enter a not guilty plea. If you were caught by a Gatso and are not sure if you were speeding or are sure that you were not, then you can write to the police and ask for a copy of both of the photographs that were taken by the speed camera. You should also ask how far apart in time the pictures were taken.

How to measure speed from speed camera photos
If you look at the lines that are painted on the road you can see how far you have travelled in the time it took to take both pictures . You will need to revisit the camera location and measure how far apart the lines are. Then you will know how far your vehicle moved in the time period and from this you can calculate your speed. If it matches the speed you are accused of - then it would appear to be a valid accusation.

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