If you have received a speeding ticket or a Notice of Intended prosecution but the photographic evidence do not worry. Even if you’re unsure as to what you should do next you don’t need to be overly concerned.
Furthermore, if you’re not even sure you were driving at the time of the alleged offence you may want to defend the NIP. If you want to defend the NIP you may wish to consider hiring a lawyer.
A lawyer will be familiar with the terms and procedures that courts use. If you do not wish to hire a lawyer you will have to make sure you’re aware of how the court’s system works.
It’s important you read up on what the prosecution are looking to do. You will also need to understand what you need to show to the court to prove that you are innocent.
Please note that the court will want to see evidence that proves you are innocent beyond reasonable doubt. The truth is you will only be prosecuted if the police can prove your car was travelling faster than the speed limit.
Please note that if your case ends up in a magistrates court you could be charged if you fail to identify the driver. Therefore, you need to show that you have done what you can to identify who the driver was at the time of the speeding offence.
If you have trouble identifying the driver you may need to seek legal advice.
You may be unsure that you were speeding at the time of the offence you may want to ask for the calibration certificate. However, the police officer who is alleged to have caught you speeding does not have to show the certificate to you.
If the case ends up in court then the police are obliged to show you the certificate. Some police forces around the UK offer access to the speed camera’s calibration certificate on their website.
If you have the opportunity to see the calibration certificate you should seize it. This is because there is always a chance that the speed camera has not been calibrated properly or recently.
In some cases, you may be able to access a video of the speeding vehicle in question. This could be useful if you know you were not driving at the time of the allegation offence.
The prosecution is not under any obligation to show you the full video or even provide you with a copy of it. A speed camera which would have already been authorized by the Home Office is considered sufficient enough.
It’s also likely that the NIP that the police have sent you will be enough evidence. The prosecution will not feel the need to show you the video just because you were caught speeding.
It is very likely that they will want to keep the video to themselves. Furthermore, the prosecution may do this because they may feel the need to show the court the evidence they have.
This evidence could prove very useful to them if you intend to plead not guilty. If you do think you have a good reason to challenge the evidence you may want to go ahead with this.
There may be a chance that you were not in the vehicle at the time of the incident. If this is the case you may want to demand to see the evidence.
If, the video or photograph does not show the vehicle’s registration number you could ask how accurate it is. This is because the speed camera may not be as accurate as is assumed.
If you decide to request the video you should mention exactly why you would like to see it.
It is not uncommon for a police officer to refuse to show you the evidence of you speeding. This is just what some police officers and constabularies do.
They are not going out of their way to make life difficult for you, even though it may seem like they are. The police may think they have better things to do than show a video or a photograph of a speeding driver to an alleged speeding driver.
Therefore, you should not feel they are picking you out or simply wish to make an example of you, this is merely what they do from time to time. You may, therefore, ask for a hearing so that you can see such evidence of your alleged speed.
Police guidelines state that the evidence should be provided to you as soon as it becomes available. However, if the police do not offer you the evidence do not worry.
If you are found guilty of driving the vehicle over the speed limit you are not stuck. Anyone is perfectly within their rights to ask the court to not increase the penalty.
You may, therefore, wish to mention to the court than you’ve made no unreasonable requests. What’s more, is you may also wish to mention that you haven’t tried to delay your hearing.
If you tend to drive the car your own or any other car over the speed limit it’s very likely that you were speeding. Pleading guilty to speeding may be a sensible thing to do, especially if you have received a speeding ticket or fine in the past.
However, if you were speeding and the calibration certificate does not exist or it’s out of date you may want to request a copy of the evidence. If you were speeding well above the speed limit make sure you see the photo evidence.
It’s very unlikely that you will regret asking to see the evidence in this case. This is because you may not just have penalty points added to your driving licence.
You may receive a driving ban or a fine depending on your driving record. A driving ban can last 6 months if you have received at least 12 points in 3 years. It could last a whole year if you are disqualified for the 2nd time in 3 years.
Finally, the driving ban could last 2 years if you are disqualified for the 3rd time in 3 years. This is why it is important that you try to obtain as much evidence as you can.
If there is a chance that it was not you driving or there’s an error with the calibration certificate it’s worth challenging the evidence.
You may wish to plead guilty at any time, however, you can change your plea after you’ve seen the evidence.
A court is likely to accept photographic evidence showing the speed you are alleged to have been driving at. However, if there is any evidence that shows otherwise you can challenge the court.
If you are unsure who was driving the vehicle at the time of the alleged offence you should ask for evidence. Photographic evidence may be shown to you, however, the police may tell you that they only need the vehicle’s number plate to prosecute.
This is often why photograph taken by speed cameras don’t show who was driving.