Motor Law Answers

I was caught speeding by the Police and stopped at the time of the offence. Do the Police have to show me video evidence at the scene? If this is a requirement and was not carried out, can I overturn the prosecution?

Although the ACPO Guidelines indicate that the Police should show you evidence at the scene wherever possible, there is actually no statutory requirement for them to do so and if they choose not to, it does not prevent a prosecution.

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I was stopped by the police on the motorway for speeding over 100 mph. I was given a producer and told I would receive a Court Summons in due course but it has now been over 2 months since the incident and I’ve not heard anything. Should I chase the Police? Is it possible that the Police Officer has decided not to process the paperwork? He told me I faced a driving ban and that I would have to go to Court. How long does it normally take for the Police to contact you?

The Police have 6 months to commence proceedings and do not have to contact you at any stage before then. In our experience, many forces diary cases for 5 months and 2 weeks, so the lack of progress at this stage does not suggest that they will not proceed. There is no point contacting the Police; it will only prompt them into life. If you do nothing, there is a slight chance that they will fail to progress the case in time.

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What is a plea in mitigation in relation to a driving offence or speeding?

If you plead guilty or are convicted of a driving offence, you are entitled to make a submission to the Court to reduce any punishment imposed and that process is termed mitigation. It is not a defence and care must be taken to ensure that it does not amount to same.

Mitigation can be presented personally or, at the discretion of the Court, in writing. It can be used to avoid potential disqualification or to reduce the number of penalty points/period of disqualification.

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I was caught speeding but it was a genuine emergency. Can I plead guilty but argue a special reasons defence? I received a distress call that a relative was seriously ill.

Firstly, it should be noted that Special Reasons is not a defence. It follows a guilty finding and is used to convince the Court not to impose a punishment because, whilst the offence has been committed, the circumstances were such that it would be wrong to impose a punishment.

In order for your Special Reasons argument to succeed, you will have to show that there was no alternative but to drive in the manner that you did and that your emergency must be “real, not nebulous, nor manufactured”. If it is anticipated, it is not an emergency and further you will have to show that the issue could not have been resolved by other means, for example, calling for an ambulance etc.

In some circumstances, a genuine emergency can amount to a defence of  “duress of necessity/circumstances” which would result in acquittal.

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How do I find out if a calibration certificate for a speed camera has expired? I cannot afford the points on my licence and therefore want to know if there is a way I can avoid penalty points.

You are entitled to see the calibration certificate for a speed camera.  This should identify the make, model and serial number for the camera and prove that it has been calibrated within 12 months of the alleged offence.  It may be that the Police refuse to disclose this information before a Summons has been issued and strictly speaking, there is no obligation for them to assist before then.  However, most Police forces will provide information upon request.

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I was caught speeding just over 70 mph on a dual carriageway. I did not spot the reduced speed limit in respect of road works as it was late at night and no obvious work was taking place. Will I still be banned as it is usually a 70 mph zone? 

If a reduced speed limit is in place, it will be effective regardless of whether work is being carried out or not.  The punishment will depend upon the amount of the excess speed and the circumstances at the time of the offence so if you can prove that no other party was affected by the error, the Court may be more lenient than an offence at the same speed if there were workmen in the vicinity.

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I was stopped by the Police for speeding. I explained that I desperately needed the toilet and I was simply trying to make progress so I could reach the services. The Police said my “excuse” was not good enough and it would be up to the Court to decide the appropriate punishment. Will the Court have sympathy in my case?

Known as the “Alex Ferguson” defence, this is an explanation that some Courts will accept as “special reasons”.  Whilst the offence is committed, if special reasons are established, no punishment will be imposed.  In order to be successful on this argument, you have to show that it was an emergency and the action you took in all the circumstances was reasonable. Consequently, rushing to a service station 1 mile away may be acceptable.  Speeding at 110 mph to get home 20 miles away, will not be.  Each case depends entirely on its own merits and to some degree, whether the Court believe your explanation.  It is a technical argument which would normally need specialist advice.

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I have received a Summons to attend Court for a speeding offence. There is a typing error on the Summons as it incorrectly quotes the date of the offence as the date of the Summons! Can I plead not guilty and get the case thrown out of Court due to a technical error/technicality?

Your case will not be dismissed on this basis.  There is a “slip rule” that allows errors to be corrected at Court immediately prior to the hearing commencing. In order for the case to be dismissed on such a technicality, you would need to show that the error is of such a fundamental nature, that you are genuinely unaware of the basis of the allegation and thus cannot prepare a defence. If you know exactly what the case relates to (which must be the scenario or you would not know that the date is wrong) the Court will allow the amendment on the basis that you are not prejudiced.

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