Speeding Ticket Photo Evidence and Your Rights


Speeding Ticket Photo Evidence

If you have been issued with a speeding ticket you may want to see the evidence. When it comes to getting a speeding ticket photo evidence can be crucial. It can ultimately determine whether you were responsible for the alleged offence.

Evidence of the Offence

The police will need evidence to prove that you were caught speeding. Some of the methods that the police may use to support the allegation include using a hand held or fixed speed camera.
When it comes to offences whereby a driver was caught on camera it’s likely you will see a calibration certificate. This certificate shows that the camera was operating accurately.

This will help the court prosecute you. If a police officer used a hand held device they will need to show that they have a certificate of training. This certificate will show that the officer had training which allows then to operate the device.

If there is no photographic evidence available the officer may still have evidence. This is because it is likely that the speeding offence was captured on a hand-held speed gun. You should expect to be shown evidence that shows how fast you were travelling. Evidence such as this could include a photograph of the camera’s display at the time of the offence.

You should also expect to see a calibration certificate along with the officer’s training certificate.

However, you should be aware that these pieces of evidence are often the minimum requirements that have to be shown as evidence. If you were caught speeding and your case is taken to court a statement will usually be served.

How to Obtain Speeding Ticket Photo Evidence

If you broke the speed limit and the police stopped you they should have shown you evidence that you were speeding. A police officer can show you evidence by showing you the speed gun that has the speed displayed on it. They may even have video evidence of your speeding.

If the police officer did not show you any evidence at the time of the alleged offence you can request it. You can do this by contacting the police in writing. If there is evidence of you speeding it will be included in your court hearing.

Caught by a speed camera?

If you were caught by a speed camera you would have been served with a notice of intended prosecution nip for short. If you identify yourself as the vehicle’s driver you can include a letter. This letter can request the evidence that the police may have. However, the police do not have to provider you with any evidence at this stage.

Many police forces will be happy to provide you with some or all of the information you request. When you receive your NIP you will see that there’s a personal identification number on it. This number will let you access the evidence online. You can do this on the police force’s website. Please note that you’ll need to return your NIP within 28 days.

Requesting the Calibration Certificate

You may wish to request the calibration certificate but the police do not have to show you it. If you have to go to a court hearing the police are only then under obligation to show you it. However, you may have access to the calibration certificate on the police’s website.

Requesting the Full Video

The prosecution may tell you that they are under no obligation to provide you with a copy of the full video. This is because the camera they used to catch you has been approved by the Home Office. This is usually sufficient evidence to prove that you were speeding.

However, if you think that you can challenge the photograph you may want to demand the video. For example, if the photograph does not show your vehicle’s number plate or you can see another car in the camera’s cross hair you should demand the video. This is so that the speed check’s accuracy can be proven. When you request the video you should spell out your reasons for it as this may help you.

If the Police Refuse to Provide the Evidence before the Hearing

If the police flat-out refuse to provide you with the speeding ticket photo evidence until you ask for a hearing you should not worry too much.

Guidelines state that the police should provide the evidence at the first available opportunity. If the police do not co-operate with you on this matter and you’re found guilty there is something you can do.

You can ask the court not to increase your penalty. This is because you could show that you’ve not tried to delay the hearing or made unreasonable requests.

If you Think you Were Speeding

If it’s likely that you were speeding and you remember who was driving it’s very unlikely that you’ll have anything good come out of requesting the evidence. However, if the calibration certificate was out of date or there is no certificate then you may find it useful to request the evidence.

If you have been offered a fix penalty notice it may be best to accept it. This is because the notice is likely to expire while you are looking for evidence. Chances are, the evidence could result in a higher penalty.

If you were travelling at a high speed and you’re likely to end up in court you should try to see the evidence. This is because it’s unlikely you’ll come off even worse. It’s fair to say that you may not get away with just penalty points or attending a speed awareness course.

Pleading Guilty After you’ve Seen the Evidence

If you originally decided to plead guilty you can change your plea after you’ve seen the evidence. In fact, you can do this at any time.

Challenging the Speed Camera’s Accuracy

The court generally accepts that a photograph showing the speed you were travelling at is accurate. However, if there is evidence that suggests otherwise you may want to challenge it.

However, it is up to you to prove the camera is wrong. You may need expert evidence to show this.

Unsure Who Was Driving?

If you are not sure who was driving you can ask for photographic evidence, even if it wasn’t sent with the notice of intended prosecution. Please note that the police may tell you that the photograph doesn’t need to be able to show the identity of the driver, just the vehicle.

This is why many photographs do not show the driver.

Should I Hire a Lawyer?

If you are familiar with speeding fines and court hearings then you may not need to seek legal advice. However, you may want to speak to a lawyer just to make sure you can clarify how accurate the evidence is.