Speeding Advice Needed

Prince

Torque King
Points
242
Location
Northampton, England
Car
BMW E36 318is Coupe
Hi guys,

First of all, it wasn't me! So don't worry!

My brother was caught doing 60mph on a stretch of the M1 with 50mph average (temporary) speed cameras last Saturday and both he and I would like to know whether or not he has a leg to stand on and what rights he has.
He has already requested the photo evidence. He also has 0 points atm.

Is there anything he can do at this point?
Anything he can do to help his case?
Any other useful advice?

Thanks a lot guys!

P.S. Just for anyone that uses this stretch on a regular basis it is northbound through Leicestershire so be careful!
 
They actually managed to get the letter out that quickly!!!

First thing basically is if he knows he's guilty then just admit it.

It'll only amount to an SP60 offence code (speeding on a M'way) which is £60 and three points. He'll be in good company I expect, millions are drivers have been clobbered in this way.

I advise against going to court unless he genuinely thinks he is innocent, or that you think he was unfairly targetted. This is hard to prove with average speed cameras. If he tries to concoct a defence case and it fails then the costs will be awarded to the prosecution as well.

Worse still, he could be found in contempt of court. Even worse, charged with perjury.

One interesting point is the request for photographic evidence. I am not aware of any test cases but let's say that he was within the 50mph when entering and when leaving the 'measured' zone. In this case there is no actual picture of his car being driven in excess of the limit. In reality I suspect this will fail as I pointed out above.

Unless, of course, he genuinely believes that he wasn't speeding, whereupon he could ask the camera operating authority to present calibration certificates for the equipment etc etc. Ask for certificates of competence for the person who performed the calibration and so on. This can take ages and the costs will stack up quickly. If he loses the final appeal then it'll cost him thousands.

If it was last strike and out (ie. facing a ban) then it might be worth the risk. Otherwise though, probably best to admit it and pay up.

Technically this means that he doesn't have a driving CONVICTION. I thought a conviction could only be brought in a court of law. Paying up a simple fixed penalty ticket isn't tantamount to being convicted in my opinion.
 
It's semantics really on the interpretation of conviction. You wouldn't say someone who speeds is a convict but most people would use the figure of speech "conviction". Insurers ask if there have been any motoring convictions.

Back to the OP question. I don't think there is any way to be smart and get out of a fine/points if you were speeding. You might claim mitigating circumstances and throw yourself on the mercy of the court but the time and expense of this is not really worth it.
 
It's semantics really on the interpretation of conviction. You wouldn't say someone who speeds is a convict but most people would use the figure of speech "conviction". Insurers ask if there have been any motoring convictions.

Back to the OP question. I don't think there is any way to be smart and get out of a fine/points if you were speeding. You might claim mitigating circumstances and throw yourself on the mercy of the court but the time and expense of this is not really worth it.

I do agree - we're down to definitions of words and if asked whether you have any motoring convictions you can reply in the negative but you should also declare voluntarily that your licence has been endorsed. (aside - TV licensing authority uses the S version of the word licence/license).

Mitigating circumstances can be presented but it will have to be a strong case if you want to stand any chance of winning.

The basic premise is this:- don't lie.

If you think you've been wrongly accused on the grounds of a technicality then still seek professional advice before proceeding.
 
Thats very quick for a speeding fine to come through.
Ask for the verification that the camera has been calibrated properly.
I remember a police chief getting off with a speeding fine this way.
 
as an aside its not the speed points/fine, it will be the increased insurance where it hurts as, you have to declare if you've had the points even with the past 5 years - even for an SP60 i was nailed on the insurance.

As to how to get off with it, in reality see little chance - although as mentioned above they seem to have been very eager to get this letter out so quickly. Could they have meant it for someone else with a similar registration and the camera has picked it up wrongly?

(about 15 years ago my dad received a letter through the post for speeding in the south of england - he was in the USA at the time and the car was in the airport compound - as soon as he sent the evidence they shut up about it).
 
Thanks for all the replies guys. It was rather quick but tbh I know he was speeding. He took the chance and has ben caught.

I have told him to avoid stupid explanations as well.
 
(aside - TV licensing authority uses the S version of the word licence/license).

TVLicensing,co.uk is the place to get your TV licence and licensing is correct. However, they don't use license, which would be incorrect in the UK :)
 
Thanks for all the replies guys. It was rather quick but tbh I know he was speeding. He took the chance and has ben caught.

I have told him to avoid stupid explanations as well.

Best just to pay up then. He'll be in good company - millions of drivers have 1 or 2 minor speed penalites on their respective licences.
 
Best just to pay up then. He'll be in good company - millions of drivers have 1 or 2 minor speed penalites on their respective licences.

He's just fairly annoyed at it tbh. It was own stupid fault (especially when he proclaimed nothing would come of it). The bright yellow cameras were obviously on display and he chose to ignore them. The only thing we can't work out is why he didn't get clocked going the opposite way earlier that day.

Still, the reason we went up to Manchester was a good one!
 

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