Speeding Defences: Which Do or DO NOT Work?
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- Опубликовано: 14 окт 2024
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We got let off the hook once cause we wrote & explained that we was rushing a pet to the vet. Which was true. Thank you Lord for helping us out of that mess. xx
For gods sake don’t let the grammar police catch you!
It's fair to say that the laws of the highway only apply to Joe average and are not enforceable to all road users. Take for instance the recent outcome of the Katie Price court case.
This is very true. A certain well-known prince was once commended in a Magistrates court for his presence of mind when overtaking a long truck causing a car coming the other way to drive off the side of the road. I never understood what it was that prince got right. I will say that I don't think you'll find any trace of the incident on the internet today - which is why I'm not naming him.
@@alanwhiplington5504
That's a nice story. You must be quite the fiction writer when you put your mind to it.
@@alanwhiplington5504 I do believe a certain prince got away with driving without due care and attention when they rolled their range rover. Published material.
@@fredpuntdroad8701 are you a defense lawyer?
@@wobblyeye493
As it happens I do work in the legal profession, so if Alan and you hadn't been lying and someone got acquitted over having royal blood, it would've been all over the caselaw magazines I read.
So why do you lie?
My son couldn’t breath due to croup, and 999 told me to take him to the hospital. I got a speeding ticket and was advised to just go on the course, challenging it would be a year long ballache that I wouldn’t win. The course was actually really good as well!
I’ve hear they are very informative! Hope your son is ok.
Yeah the courts don't have common sense and they fail to judge truly based on circumstances. They would say you have mitigation but that you still should get the fine.
The same happened to me during a lot darker times, but I did decide to take it to court.
Witnessed a suicide attempt using medication to poison. The 112 operator heard what had been taken, how much and was like 'Hospital, here, now, or the ambulance will be there stat'.
Kind of picked up the victim, stuffed her in the car in a 'sorry but it's not a democracy right now' manner, broke most of the traffic laws in existance and arrived 12 minutes later over a drive that ussually takes 25-30.
.....And got a court summons for doing 125 in a 50. A long straight road with no cycling lanes or intersections, but still a 50 road. Inexcuseable under anything but life-or-death circumstances.
I expected that no matter the excuse I'd need to hand in my license for a while and pay at least some kind of fine because let's face it, I was racing through town, but it went surprisingly quick.
Why?
Well, 1 we had her medical records that indicated life-threatening poisoning that day, after the speeding photo was taken, together with a letter of consent from her to indicate I could use her medical records and saying I'd probably saved her life.
2 We had a police report that stated she'd been basically terrorising the place and neighbours complained and medication was recovered from the scene since I'd basically left the doors open and the officers investigating the nuisance expected burglary or worse, then learned after entering of what had happened. (and hazardous quantities of medication on a suicidal person can be seized)
3 We had the neighbourhood officer confirming to the court in writing there were psychosis-related incidents including threats of self-harm. (decent guy, he didn't crack down on us despite nuisance because he knew I was keeping a lid on things best as able while we waiting for her to get a spot in a clinic)
4 I basically self-incriminated a lot and admitted to also running three red lights even though they hadn't charged me for that and had no evidence. Why would a criminal making excuses do that? He wouldn't, so someone who self-incriminates must have a genuine story.
Basically I was declared guilty of excessive speeding (and it is still in my record) because the facts didn't change and I was guilty of excessive speeding, but was discharged from any consequences. So no fines, no losing my license other than the pre-court period one (which is a good precaution I think).
That being said, it did help that my license also had a 10+ year history of no accidents with blame on me and no excessive speed other than a few relatively pedestrian speeding tickets for stuff like 125 where 120 is allowed. Because they did pull those records for the case, prosecution didn't come empty-handed either.
If I had shown up without paperwork or after a history of bad driving, it would've been a lot better not to put it before a court at all and just accept the sanction.
Your always advised to accept any charge even if you haven't done anything. I decided to defend myself after I was told to "just accept it" when I absolutely did nothing. I won due to lack of evidence. The system isn't fair most of the time.
I firmly believe that speed limits should be increased on empty, low traffic motorways. I live in Czech Republic and the speed limit on motorways is 130kph, which is just over 80mph. Quite often, due to high traffic volume it's not possible to reach the speed limit, but otherwise it's quite safe to do so.
In the UK maintenance requirements are lower for lower speed-limit roads. So guess which way speed limits are going in these debt-ridden times? Got NOTHING to do with safety.
Most drivers in the UK can't handle driving fast due to being idiots and not accessing the space in front of them
@@EvoraGT430 Well, causing damage to roads due to driving at fast speeds probably does have an impact on safety.
I think current speed limits are fine. Going at 80 vs 70 only has a fractional impact on journey times anyway, and is wasteful for the environment. If the roads require more maintenance, then you are just paying back the time you save in traffic jams due to resurfacing work. Some vehicles can't go at that speed so you're getting a bigger speed difference between lanes.
I find that excess speed is not safe. Increasing your speed reduces your thinking time and your reaction time.
Emergency Services drivers are trained to drive at speed. They receive regular refresher training together with check tests to maintain their skills.
Having driven throughout Europe on various types of roads I have found that driving standards are poor.
Once having passed the required basic test how many drivers volunteer for regular refresher training? Yet everyone considers themselves to be a safe and competent driver!
@@seasoldier3902 I have only ever crashed when sober and driving under the speed limit , never whilst intoxicated and speeding .
I’m interested to see the mitigation video. Something I’ve heard quite often from other drivers is “Other drivers were speeding to a degree that had I kept to the speed limit then that would have endangered myself and others. My speed was dictated by other road users and the need to get to somewhere I could safely leave that road.” Obviously there needs to be evidence that other drivers were speeding and that you were trying to get to a junction (on the outside lane, hadn’t driven past a junction you could have pulled off at &c).
I can think of many times I’ve been on the M6, as a passenger, at 65-70 and been over taken by cars that must have been going 90+ based on how quickly they over took us. Most scary was watching a car over take us that was going only a little faster than us, but the driver had a book open on the steering wheel, not even a road atlas, it looked like a novel. My dad was driving, first time I heard him swear at another driver.
A couple of years ago I received a letter from the Police, advising that I had been caught exceeding the speed limit by seven mph in a thirty limit. Upon checking my dash cam for the time, location and date quoted in the letter, I found my speed had actually been two mph under the thirty limit while approaching and going past the check point. In addition, the person holding a speed gun had it pointing at the ground rather than my vehicle. Therefore, no way could they have recorded my speed. I emailed the Police with this information and a copy of the dash cam footage. No response or acknowledgment was received. All seems a bit one sided to me, especially as the letter stated that if caught again within six months, points would be issued for both offences. A rogue speed gun operator can literally make it up as they go along.
Were you still issued a penalty/fine for this?
@@HaggardPillockHD No, it was a warning letter and as I didn’t get found to be speeding again in the following six months, no further action was taken. That’s not the point though. The people operating these mobile speed traps should be accountable for any errors. With modern dash cam GPS technology, the average motorist can now prove the speed they were actually doing. Also, in my case I had video evidence showing they weren’t even pointing the speed gun at my vehicle.
@@chrisblay It is a speed CHECK , not a trap .
They can and do make it up (targets?). In 2014 I got a NIP saying that I was caught by a camera van doing 73 in a 70 on a dual carriageway. The vehicle i was using had a tracker which showed that my speed along that entire stretch of road never exceeded 68 mph. I informed the police and the court but It made no difference whatsoever, I still got nicked.
@@derekheeps1244 So a speed check will only result in a warning? Seems a bit odd to me if someone was doing 90mpg in a 30 zone they would just get a warning.
I can foresee a few emergency situations where there would no point in calling emergency services, like your wife going into labour. My own father for instance when my brother was over a month early got to hospital faster than an an ambulance could have been, these days if he tried the same there are enough cameras for a straight ban. I really do hate these black and white rules we have, it's not even just driving... We have so many laws were there's room for anything like we live in a perfect world where emergency services will just turn up in two minutes.
As a side note i got pulled over for doing 110 on the M65 at 5am, i was honest and said i was late for work and the road was empty. Got told off but that was it
About 15years ago I went though a camera and it flashed and I was surprised not to receive any communication at all. It was only months later that when I came to Tax the vehicle that I found out that the garage had forgotten to register this new vehicle in my name. Somehow it had been registered as a demo car. The head office who held the documents quickly transferred the ownership to me. It appeared that someone at head office told the police that they could not find out who was driving the car that day as the log sheet could not be found, actually it didn’t exist. Someone at head office decided to pay the fine and penalty for bad record keeping not realising that they had sold the vehicle. I have bought 3 cars since and I notice that for some time you have to do all the paperwork with the salesman, a lot of which is done on line before you can leave.
I certainly see the need for strict speed limits in built up areas and during busy times on the road. But 70mph on an empty motorway at 2am in a modern car is just bonkers in this day and age .
Absolutely. When I passed my test in 1982 most family cars had a maximum speed of around 100 mph, to go much faster than that you needed a good car, granada, rover V8 etc. My current car is a volkswagen passat, the epitome of a family saloon, and the maximum speed is nearly 140 mph. A lot of the new electric cars will do 0 to 60 in about 3 seconds and top out at over 150 mph! A bit odd that manufacturers can sell a vehicle capable of that sort of performance in a country where the maximum speed limit is 70 mph?
@@sambrooks7862 yes very odd. We are so far behind. Using laws that were set decades ago based on vehicles that have long seen the scrap heap !
Bonkers to who? You're talking about the topic from your own perspective. The state/tax payer isn't prepared to carry the cost/increased risks associated with higher speeds.
@Matt Yabs No Matt. I'm sure most sane drivers agree that the 70mph limit is outdated. A higher speed limit does not necessarily lead to a higher RTC rate.
@@leeshellam3150 - It doesn't matter what the RTC incident rate is. The consequences are far greater travelling past 70mph. And it is not a linear increase either. The consrquences for crashes at higher speeds go up a huge amount. Or are you suggesting physics doesn't apply?
“Sent through the post” is also a verbal warning. As is being given a piece of paper by a police officer. Verbal means “with words”, it does NOT mean “spoken”.
My friends was caught speeding he was collecting morphine for my mothers husband who was in severe pain. By the time it came through my mothers husband passed away and the police dropped it without going to court
Its rare that something like that happens but the Police used common sense and saw that true justice was you not being given the fine. They used discretion something which should be used far more often. If I was a police officer most of the people pulled over would be educated rather than fined.
Excellent informative short clips. Do you, can you, cover subjects such as: recovering money, that is, you are "owed" (you are in credit with) from an Energy company where you have shown for the past 11 months of billing you have been in credit with them? (And / or you state that by the Energy company withholding the credit they cause hardship and preventing you from paying equally important debts?) Fantastic channel - you have a new sub! Keep up the fantastic content.
👍
Firstly, a lot depends on where you are and what laws apply. If you don't say which jurisdiction you are, advice will be pretty general based on shared legal principles that most law systems share.
Typically you do need to take some sort of action like writing them a demand to pay it out to bank account X before date Y. If you don't do that, there is a lot of stuff that 'we have procedures' excuse will allow them to get away with. It's generally not okay to sit back passively and then blame someone else for tardiness. An energy company in particular can succesfully argue that sooner or later you'll exceed your pre-payment and they can use the credit to compensate that with for everybody's convenience. You want it paid it, you need to take action.
But you having other debts is not their problem. You can't blame them for things that happen with other debts as a result of their non-payment, until they are ignoring a court verdict or a high court writ.
Basically you can only hold them accountable for consequences if the discussion is closed, the payment has been demanded and legally must be paid already.
And even then you'll need to demonstrate there's no fault of your own that can take away from that. Remember you'd be argueing "They are the only cause for these consequences of debt", so literally anything, just one bit of room in your finances is enough to sink your argument.
The bar for 'own fault' is generally pretty low. You got that € 55 a month phone subscription for the shiny new iPhone instead of the € 30 a month basic subscription? Well, that's your own fault demonstrated right there: Your finances evidently had room to spare. That's how low the bar is.
Basically I've never seen a debtor succeed using 'but it's this other guy's fault because he's in debt with me!' as an argument. It's best not to use it at all, just complicates things.
The accuracy of the ticket is vital. I got pulled over for going through a red light. I admitted the offence and a ticket was issued. I didn’t have my licence with me so I was told to surrender it to my local police station. However, on checking the ticket the next day I discovered the wrong date had been written in. I challenged the ticket on this basis and the ticket was cancelled.
As I mention on another comment, this is not an area of pride. Luckily no-one was injured, but it should be a time to reflect on your driving skills. Were someone to do the same and injure someone you know, would you high five the culprit if they got away with it on a technicality?
@@A190xx I never said I was proud of it. It was a comment that you should check any ticket. And as for the incident itself you weren’t there so you can’t know the full circumstances of the situation. Which I’m not going to go into as I’m not trying to defend my mistake
My buddy a few years ago got a speeding ticket for not speeding.
He recieved a ticket that stated he was travelling at 28mph in a 30mph zone.
Because he refused to pay the fine, he went to court.
He photocopied it and framed it... Its on his office wall.
Fortunately my case didn't involve the police, but I had something similar at work when one of the van trackers flagged that I was speeding by doing 29mph in a 30mph.
Not applicable here but driving too low under the speed limit can be just as dangerous as going over as every other driver doesn’t expect to come across one car travelling 20-30 mph under the speed limit , which leads to a lot of misjudgments and accidents .
@@kylewilliams6091 That's probably because they're not paying attention.
@@davidspear9790 so that same logic applies to people who speed it’s the other persons fault for not paying attention .
This I would love to see!!!
The classic extenuating circumstance ( and I once did it ) is the expectant dad rushing his wife , who has gone into labour , to hospital . I had no encounter with the police on that occasion .
I got a speeding ticket driving along a Welsh country road. It looked like a 40 mph because it was not a built up area i was doing 38mph. I did the course and paid £100 fine.
What if you are driving a bus, and there's some psychotic bomb maker who put in a bomb that will go off if you go slower than a certain speed?
Isn’t that the plot of a movie?
@@happyn7817 the bus that couldn't slow down
@@FlyingSpaghettiMonster2000 :)
Try a "Duress of Circumstance" defence.
You would have to slow down sooner or later, as you only have a finite amount of diesel in the tank, so you might as well face the agony of the explosion sooner rather than later. If the explosion kills you, then the police don't prosecute people posthumously. If not, you only have serious injuries to contend with, not a prosecution for dangerous driving.
If the speeding fines went to charity or vicitms of road accidents etc, then people would believe more in these speeding prosecutions and not believe it's all a money making racket.
The law makers have thought of all the excuses and made laws that these excuses are not viable, even reasonable excuses.
It's all geared against you not having a leg to stand on, if they deem that you have broken the law.
Also is the deterent of not fighting your case in court, because if your still found guilty, the punishment will be greater.
There is no such thing as a fair society, we live in a open prison.
If money went to victims of road accidents you just know someone will take advantage of that
@@bradley2427 whiplash claims are always used even when the accident was below 5mph when they're not supposed to allow that. A judge would throw it out below 5 mph. Your absolutely right they would take advantage.
Everyone knows it's road safety and if they don't they shouldn't be driving. Your right about the open prison pretty much. It's also a crazy house in my experience.
When a change in speed limit occurs both sides of the carriageway should be marked with signage - this prevents for example the possibility of a large vehicle obstructing a single road sign.
My late wife received two notices, dated the same and with incrementing times. The speeds recorded were different. We sent a letter back saying this was physically impossible. There was no reply and nothing then happened. I agree with others, the officers running these cameras should be responsible for these errors, surely the other people caught that day should have had their tickets revoked as there was something wrong with either the equipment or operator that day.
Observing speed limits is an important part of Advanced Driver Training. The IAM call it skill with responsibility.
Its an important part of learning to drive you get taught to do it in normal driving lessons.
@@gravemind6536 Driving lessons tend to be fairly mechanical in nature ie where are the various controls and how to use them. There is some driving skill taught but it is pretty basic. The professionals are at the Police College and that is generally off limits to the general public.
@A Twinspark In this context it means to comply with.
@@stephenwabaxter I guess it depends on how good the instructor is I had a really good instructor he charged £6 per hour more than most of his competition but he was always turning away business. He has full Cat D and C+E and full motorbike on his license. He used a lot of common sense and taught me about speed limits and also to use judgment when parking rather than a particular method that only applies to the car you drive when parking. He did more than tick boxes which I guess a lot of instructors did. He taught me stopping distances by asking how far a certain lampost is from the car I said 100m and he said how do you know that, I said I don't know he said neither does anyone which is why you should use the 2 second + rule to judge your distance from someone. Either way I am guessing your average driving instructor doesn't teach you this kind of thing.
I had a case which worried me for a while. I took my car to a garage to have some work done as its a specialist vehicle and most people won't look at it, do work and then they had it MOT'd, I got it back and drove away. When coming home I thought it felt like everyone was driving really slowly. I had driven 10 miles before I realised my speedo was under reporting the speed and GPS checked it immedietly.
I worked out my speedo was indicating the MPH speed on the KPH side of analoge clock, So When I thought I was doing 60mph I was doing nearly 100mph. I had driven through 3 cameras at the time but at that stage I was luckily following someone, so they kept me from getting a ticket it seems. But I had a worried for a while I would get a really serious issue with my license. For those who would say you should know you were driving to fast, I own a v12 twin turbo mercedes which is pretty quiet even at high speed, I had worked it out pretty quick when I got onto a dual carriage way but by that point it could have been too late. I have since had the Expert resolve the speedo issue.
The problem with the speeding camera system is you have no opportunity to dispute, I recently had to do an awareness course after getting caught going 50mph on the M1 becuase it went from national speed limit to 40mph woth no transition or time to slow down enough without dangerously slamming om the brakes. In the process there was no chance to make this clear.
Pedanticly, it’s not the sending of the NIP that has to be done in 14 days but the service (you mix up the two a bit). Noting that it is presumed that the notice is served 2 working days after it is sent (first class post - the interpretation act), so where a double bank holiday abuts a weekend (like every Easter or last year’s Christmas) that can be 6 calendar days.
The 10%+2 is to cover Speedometer calibration inaccuracies that can occur.
It's probably a nicety from a bygone age, nowadays by law a speedo isn't allowed to understate your speed. It can overstate your speed by up to 110% of actual speed + 6.25mph. Car manufacturers factor in things like tyre wear and tyre inflation.
Received a speeding warning through post and decided to challenge it in court. I knew I was only doing 26-28 mph at the time as I was behind a car and was cursing them for going below the speed limit. I asked for disclosure of relevant information such as the camera operator logs, video, stills, etc. But was only given the still photo and statement by a police officer who was not at the scene.
On the day of court I had to wait around from 9am till 3pm until the trail started (magistrates) in Fareham which I discovered was only usually for minors and did not normally deal with speeding. The police officer who made the statement was not present, but the court clerk said this was ok. The camera operator stated they could not remember what happened on the day, the prosecution then led them through a story, the camera operator statement (which they should read out) - just stated that they set up the camera and left later that day, their logging handbook supported that view - with no speeding incidents logged, the operator believed that there was nothing that could go wrong with the cameras and could not explain why they were checked every year, the camera operator stated that they swung the gun around, AND most importantly the picture of my car clearly showed the car just in front of mine - which had not been given a ticket and the operator could not explain why.
The result - I was guilty of speeding.
Placed an appeal and then after taking legal advice discovered it would cost at least £1000 for representation and that the appeal court would make an example of me. So i removed the appeal.
Made a complaint to the police, local councilor, review panel for magistrates court: all of which sent out a bulk standard they did nothing wrong and followed their own policies...
After that I invested in a dash board camera. very cheap and worthwhile, especially if you end up in an accident.
Note my discussion with these solicitors that 'fight the unfair speeding charges' - such a solicitor wanted me to pay £500 up front just to talk to him for 30 minutes and see if my case was worth taking.
Shows how much of a corrupt money making scheme it is.
Well, to be fair to sollicitors, you do see a lot of nonsensical meritless cases and people not willing to put their money where their mouth is.
Charging up front saves you dozens of wasted hours a year because a whole slew of idiots who won't ever pay, simply won't show up. It separates the chaff from the wheat.
@@fredpuntdroad8701 These were solicitors who were advertising against the misuse of speed guns and pushing for people to come forward and cases to be tried in court. The least they should have done is looked at the evidence for free and then produce a costing.
The issue with speeding is that everyone is assumed guilty - even though the equipment can malfunction or even produce erroneous readings when used correctly. Panorama did a piece on it. In the USA the police were given bonuses for catching people, one speed detector was used in a quick draw fashion and always showed the car as speeding, even when they were not.
This information was passed between the police forces and the police were getting some nice bonuses, then after many court cases a judge ruled that those speed guns should not be used and could produce inaccurate readings when used incorrectly.
Thousands of tickets had to be cancelled/refunded and those speed guns were removed off the market.
Regarding getting to hospital recently in an a emergency situation and the ambulance service telling people to make their own way or wait for hours?
I'm very intrigued and surprised how much information you've managed to condense into this video!!!
Speeding must be so hard to defend because there’s no doubt or ambiguity. You were definitely speeding or you were definitely not. Even if the court gives you some margin of error, some people are way over the speed limit, more than the tolerance of the speed camera.
The only defence is to use the cruise control in your car and come to terms with the fact that the journey is going to take as long as it takes.
Besides there’s no point speeding just to be later sat stationary at every traffic light or held up by traffic congestion.
It isn’t always that straightforward. There have been cases where handheld speed guns showed an inaccurate reading due to improper use. Sometimes the driver faces a tough time proving that they were not speeding (even with dash cam footage).
@@joshuatk59 With measuring equipment you know the tolerance. Yes measuring equipment might be out by 1 or 2 mph but it won’t be 30 or 40 mph out.
And if you see a car overtaking everyone else by driving over 100mph+ Then its blatantly obvious he’s not doing 60 or 70mph.
I can’t see how there’s a defence for a motorist who’s driving so fast in the outside lane he’s leaving everyone else looking like their standing still.
@A Twinspark There’s nothing grey or questionable about a car doing over 100mph down a dual carriageway. You’re bang to rights.
Some kids turned speed signs around on one side of road so limit was different in both directions!
In the late 70s my dad went to court charged with breaking the speed limit in a car. He only had a provisional licence and was riding a moped. However, the judge refused to accept that a mistake had been made and fined him anyway.
As far as I am aware speeding has always been an offence for a motor vehicle. As a result, it doesn’t matter whether or not you drive a car or a moped, on a provisional or full license. If you speed, you commit the offence.
@@Djnffnoeosmfasjjd you cant exceed the speed limit in the moped. there were no 20 limits back then and mopeds are capped at 30mph. it was literally impossible to speed on a moped.
It has to be beyond reasonable doubt, quoting the incorrect vehicle is certainly doubt in this case. However, in those days it was normal for a judge to make personal decisions overlooking facts. It happened to me with a tyre 'under 1mm' as the limit was then. The officer didn't measure the tread with a depth gauge. He estimated the tread. The judge accepted the officer could estimate 1mm by looking at it in the dark!
@@supremeleader9838 well we dont know the context so
Was his "moped" a Yamaha FS1E by any chance.
These were machines which had two pedals that could be set into opposition to one another so that they could be propelled by those pedals and their single cylinder was about 49 cubic centimetres (i.e. under 50), so they met the definition of a moped at that the time they were first registered.
However, they looked like motorcycles and had a very high compression ratio so that they could achieve speeds in excess of 60 mph. Consequently they could exceed the speed limit on any single carriageway in the UK.
I know from experience that if you get pulled over by the police for speeding, you know why they pulled you over. When the officer comes to your car and asks if you know why he pulled you over, don't lie. Say YES officer, I was going too fast. Stop talking. Give him your papers. There is a very good chance you will get a warning for being the first person that month who didn't flat out lie to him. You will gain nothing and diminish your soul by arguing.
At which point you admitted to a crime, which doesn't seem all that smart to me.
@@15bit62 And you will always get a ticket. How smart is that.
Say nothing, give your documents when asked (as you have to) and refuse the ticket. Let it go to court and let them prove it. Don't make their job easy by accepting the ticket. You'll probably get a heftier fine, but I don't see why. You shouldn't be penalised for making them actually have to work towards prosecution.
@@davidspear9790 My point is that your behavior before the ticket is written might prevent getting a ticket. Saying nothing is fine too, but lying and pretending you are innocent is pointless.
@A Twinspark I agree. I would say that is good advice, I only meant to say what my experience has been. I've met maybe 2 or 3 other people that have this same experience.
Fyi they consider the speed limit +10% due to variations of tyre sizes giving wrong readings to the speedo and poorly set speedos. In a 30 they generally won't prosecute for driving 35, 40 is 44, 50 55, 70 77. I've known this since I passed my test over 20 years ago. Police can use discretion on whether or not to prosecute depending on the situation.
Am I right in thinking that a round speed limit sign placed on a yellow background rectangular sign does not technically exist as a speed limit sign. Many local authorities have adopted this approach yet the rules for what signs are legal and how they should be presented say it should be a round sign with white background and red edging with black figures. Therefore could this be used as a defence?
What about in instances where you have hard evidence (an alibi) that you were not the driver of the vehicle at the time the alleged offence took place, but you also do not know who was driving the vehicle in question? For example if your registration plates were cloned, or if the vehicle was stolen and the offence was commited before you were aware it had been stolen (such as if you were away from where the vehicle is stored)? Are there other valid defences?
As CyclingMikey found out if someone is driving whilst using a mobile phone but does not live in the UK the CPS can’t prosecute, a bad loophole in the law
My mother was caught speeding, fined, went to court and convicted. Her defense was the sign was obscured (bushes blocked visibility on both sides of the road). She went back to get pictures (this was well before mobile phones or digital cameras) but the council was cutting back the bushes at that point, which she did photo, but the judge disregarded those: She hadn't proven the speed signs were obscured when she went through them. Thankfully mobile phones come with cameras these days. Doesn't mean the judge will care, though.
My brother was charged with speeding. He went to court. The judge disregarded his excuse that he was a hospital inpatient at the time and no-one else should have been driving the car at that time (100+ in a 60), especially as it wasn't even taxed (SORN had been submitted due to his prolonged hospital stay - car was kept off the road). He couldn't prove who was driving the car as no one was supposed to have the keys. He did manage to appeal and won: Turned out a 'friend' of his had gotten the spare keys and decided to use the car because it wasn't theirs. They also stole a lot of goods and money off my brother and skipped out of the country to avoid prison but that's another legal issue my brother had to deal with when he got out of hospital.
However: Here's a query: Do you have a defense against speeding charges if it is life and death at that instance? Example: Falling rocks. Or, in a case I'm rather familiar with: a lorry approaching a round-about who should give way to cars already on the round-about but doesn't? If your options are: Don't change speed / swerve - get T-boned; break hard and go into the side of the lorry, potentially getting crushed by the rear wheels (this was an industrial skip wagon - the rear tires were exposed); swerve right (breaking or not) and hit the steep curb of the island, bounce and go into the side of the lorry, hopefully at an angle but be caught between lorry and curb; swerve left and crash into the car to your left who is breaking hard and hoping to go BEHIND the truck or... put your foot down and hope you can get ahead of the moron and not be t-boned, but exceed the speed limit to do so. You have less than a second to decide as it wasn't clear moron wasn't going to stop at the junction and there's that moment of 'you can't be serious' at which point you realise they're not stopping and the clock's ticking on your response. For further reference: The lorry driver had his elbows on the steering wheel while he looked to be texting, only occasionally looking up to see what was ahead (Dash cams can catch some amazing bits you'd otherwise miss).
Extenuating circumstances sometimes are imminent threat to life. Yes, it's for the court to decide if what you did was excusable or not, and there is a question of if you were driving with due care and attention, but you can't go back and try something else if you make the wrong decision.
I’d concentrate on staying alive and worry about speeding when you having a shaky drink later on.
My dad in the 80's got a ticket for speeding at 117mph, the copper had badly written the ticket and my dad managed to argue succesfully in court that he was in fact doing 77mph. The result 3 points on license and a fine rather than a ban.
This is not a matter for which he should be proud, especially at his age when his reactions will be slower.
@@A190xx Huh??? He was just over 50 years old in the 80's
Very F@@ked off with all speed camera's today! As an HGV driver I need my Licence, but last January I was driving down the M1 through road works at about 1am! The speed was set at 50mph and for about a mile it stayed at 50mph! I set my cruise control at the correct speed only for them to throw a 40mph in the middle of the road works and then back to 50mph? Absolute Hunts!!!!!
Have you previously covered the situation where, if you accept the fixed penalty and 3 points you must also send in your driving license, if you don’t you void the offer of a fixed penalty and have to go to magistrates court. Of course there is absolutely no need to send in the license as everything is electronic but no one has bothered to update the legislation and parliament is too busy on other things. Perhaps Sue Gray can deal with this as well!
I was caught for speeding doing 38 in a 30 limit.
I was shocked because I thought it was a 40 limit and thought I was under the speed limit.
Went back the next week and there it was a speed change from 40 to 30 near a fire station that for some reason I hadn't spotted.
Guilty as Charged your Honour.
Cest la vie.
Really feel for you Paul as *exactly* the same thing happened to me in 2012.
I was on the A40 by Northolt Aerodrome towards London and it suddenly goes from "National Speed Limit" 70mph to 50mph but the road stays as a 3 lane dual-carriageway and there are only a couple of small 50mph "repeater" signs / red circles on the light posts in the central reservation so I got flashed doing 62mph .... 3pts + £100 fine. So annoying and very unfair but still guilty as charged m'lud.
In the IAM we call it observation skills. It's a good course and make s driving a lot easier.
Recently I was stopped for speeding i was informed by the officer on the day I was doing 47 miles an hour in a 20 mile an hour zone (Mortlake Southwest London) when I got home that evening I checked my camera which is fixed to my helmet and it shows I was doing only 28 miles an hour I know I’m still speeding but there’s a conflict between what the police say I doing so where do I stand.. i’ve just received notice from Metropolitan police and have entered a not guilty plea only yesterday.
I had huge fun when I got done for 34 mph I paid but insisted on seeing the the photo and asking for a copy which brought the office to a standstill for ages as they had no idea what they were doing. I throughly enjoyed making them look like chumps it was almost worth the fine.
What is the legal requirement to notify drivers of the speed limit? In my village there are several places where there is only a single 20mph at the junction where the speed limit changes. In one case on a one-way street with left and right lanes joining the 20mph restriction. A medium sized var or lorry waiting to turn right would completly block the single sign from anyone turning left.
There are suppossed to be two signs to indicate a speed limit change one on each side of the road if only one is present this speed limit is not enforcable. The good news its 20mph speed limits are so rarely enforced that its not a big deal. In Cambridge where I live in 5 years only 5 people have been fined for speeding in a 20 and this was probably because they were pulled for other offences at the same time.
One thing can actually happen with open roads empty roads is that you might not realise you sped up because it was so gradual and did not have the sense of speed as the roads are more open to them being empty. Would this classify as driving "without due care and attention"? I know how easy it is, especially is a quiet modern car with soft suspension which reduces the sense of speed.
If a sign was covered in snow, and you still got caught speeding, you are definitely driving too fast....
@@paulcollyer801 If possible you should probably return to document the condition of the sign on the day of the incident. Obviously don't attempt to take photographs while driving ideally park up safely and walk to photograph the sign if you can. Failing that a video of you driving past would probably work if you can safely park somewhere to set up the camera recording in advance. Most phones for example will record for up to 5-10 minutes at a time which would probably work unless the sign is in a really remote area I imagine.
@@paulcollyer801 If you can't see the road signs you should be driving at an appropriate speed to react if something happens. Road signs are there for a reason, whether you can see them or not.
I went to court for speeding. And honestly did not believe I was speeding I ask for proof of this and that the camera was calibrated ETC... I was told "let's just assume everything was in order, here is 6 points and a fine"
If its that easy I would have said " let's assume I wasn't speeding, goodbye"
Can a UK provisional licence holder take a speeding ticket and are they subject to a driver educational course just like some one with a full UK license ? Great video.
A police officer I know told me that all mobile speed cameras need to be checked and a calibration certificate issued each day before they are used. This applies to both hand held and vans. He suggested that if stopped for speeding ask to see the days calibration certificate which apparently should be shown if asked. If no valid certificate is produced then you can contest on the grounds of unprovable accuracy. Of course I am talking about a few miles over the limit not 60 in a 30 zone. If a valid certificate is produced then expect a thorough inspection of your vehicle! 😇
Sorry but this is untrue. They are however checked for alignment and range and this should be recorded in the officers pocket note book, or electronic equivilent, before the camera is used.
@@Patchitt You basically just agreed with me. The devices are checked before use and the results noted.
@@daze1945 Checked, not calibrated.
@@TheSm0wman Ultimately it amounts to the same thing since if the check fails then a calibration/repair will be needed. However I admit that my use of the word calibrated was used out of context in this instance. However that does not distract that the device used should have a valid certificate of accuracy which could be brought into question if one wanted to have the hassle of taking on the corrupt police force. My point is, if you are caught speeding then own up but if you genuinely think you are wrongly accused then ask for the proof of guilt. But remember the police will stitch you up if they can anyway.
If you can demonstrate that a radar GATSO has been tampered with (photographs) then "cosine error" will mean the camera is likely out of calibration. I have successfully used this defense.
Wouldn't it be easier to just drive slightly below the speed limit and save yourself the hassle of having to prove this and that?
@@davidspear9790 David it's not always that easy - I got a speeding ticket on an Average Speed Check (in a temporary road works 60mph limit) on the M1 last year at 1am no cars on the motorway and all of the road works equipment dormant/not in use behind a concrete barrier so it genuinely appeared as if the works weren't in operation at the time but I still got 3pts + £100 fine
Cosine error can only work in favour of the motorist, it may be technically correct to say that the speed reading is inaccurate, but it will only under-read.
@@howdan1985 so, you were still speeding, then?
@@sidwills "No comment"
I've often thought the last speed limit sign _before_ a reduction in speed ought to show the two speeds separated by a horizontal line with the current speed above the line and the upcoming speed below it.
That’s a good idea
Courts shouldn't be allowed to increase points or fines if you want to challenge them. It seems we are being punished for doing so. So therefore, you just accept the ticket, even though you could be innocent of the offence
That would mean there is no drawback to putting something in front of a court, meaning courts will be flooded with meritless cases of dangerous drivers who feel entitled. Pretty soon you'd have murderers walking around freely awaiting their trial in 4-5-6 years because the court system clogs up.
Plus obviously if you challenged something to the court, you didn't immediatly realise you were wrong, meaning if you lose you're worse than offenders who just accepted the sanction.
Please correct the typo in the title - it should be *_Defenses_*
I’m in court soon after receiving a speeding ticket from a manned camera van. I have disputed this because at the bottom of the picture I received there is 2 times and and these are 25 seconds different. What do you recon my chances are? These were brought to my attention from my friend who is an ex Road traffic police officer & now works in vehicle forensics for Interpol & different police forces all over the world.
I have a pretty amazing hack that means I have never, in nearly 40 years of driving, had to pay a speeding fine--DON'T BLOODY SPEED. Thank you.
I'm glad for you that you're rich enough that you don't need to work, don't ever have appointments as everybody just waits for you and you can afford to obey even the most frivolous of speed restrictions.
But accept that a vast majority of the population isn't in that position of luxury.
@@fredpuntdroad8701 Not at all; I actually drive a lot for work in this country and abroad, I just leave home in enough time to toot have to break the law and put other road users' lives at risk. It's not exactly rocket science.
I was let off a ticket because it went from 60 to 40 but Google maps didn't account for this and someone had recently crashed into the sign so there currently wasn't one
In the event that you decline to accept the offered 3 Points on your licence and a fine and opt instead to go to court I believe the Police have a period of six months from the date of the alleged offence to issue a court summons.
What about duress? Anyone threatening you or your family unless you drive fast, say someone who has a gun and has jumped into your car at traffic lights and tells to speed, surely that helps?
For the 0.000000001% of times this is the case, I'm sure they'll make an exception....
This is what works for speeding . Number plate build , Led number plate light , number plate spray Gel raised letters on plate , camera jammers . I’d driver that can’t be contacted ( chief Constables 👮♀️ will not investigate other County’s spending tickets) this may not be fact for neighbouring County’s. A real family emergency. Having blocked plates on your Vehicle.
On a daily basis on the motorway doing 70mph I see people overtaking at speed well above that, I very much think hardly any of them get done for speeding.
Best this to do if they ask you to identify the driver is give a person's name that lives abroad, someone you know, then make up a an address, make sure it's correct even down to the post code ....get it from Google maps and send it in...job done
Do you know what PCOJ is? You may well find out!
What about if you had to speed to move out of the way of an emergency service vehicle. For example, a while back I was in a car- there was a fire engine behind us and it was a narrow country road with lots of oncoming traffic. Seeing as we couldn't just drive into the hedge and the fire truck was beeping at us from behind my grandad sped up to enable him to pull onto a grass verge further ahead. I think he sped briefly at about 60 in a 50 zone. He appealed the fine but was still prosecuted. Surely there must be something in UK law which states some exceptional circumstances.
Technically under UK law you can't speed or go through a red light to make way for the emergency services, even if that means you become an obstruction.
What's the rules on the mobile camera vans being hidden?
Had passed through a village heading down hill, didn't see camera van till I was about 3 car lengths away. Van was in the shade (I was in sunshine) and it was behind a line of parked cars.
I've seen mobile speed camera vans parked up on roads with speed camera signs , also I have seen the same vans parked on roads with no speed camera signs , both times they were in operation, does there have to be speed camera signs with 1000m of the camera van , I ask this as I've told that they have to be within 1000m of a camera sign and also that's why there isn't always cameras on certain sections of roads with signs erected on them , this so that the camera van can operate on the signed roads.
After the environmentalist dictate came into force, we're forced to do 100 on motorways up until 19.00. Once got pulled over doing the original speed of 120 at 18.30-18.40'ish. When asked if I wanted to make a statement, I argued the facts were basically wrong: I didn't drive too fast, I drove too early.
The officer's face was tipping between "Effing hell, really?" and "Okay, that one is original" for a few seconds, before I was told it would be a warning rather than a fine.
Not a legal reason, but it worked, so I'm not about to complain.
What about the variable speed limits that change in a split second on some motorways ?
How about:
Missing or incorrect signage
Taken hostage and being forced to drive at gunpoint
Being pushed by vehicle behind
Being the passenger
Having the name Alexander Boris de Pfeffel Johnson
A bit more depth on the subject of driving in an emergency would be good. At a time when people are dying while waiting for ambulances (up to 1 hour seems common enough, but I’ve seen at least one article showing a wait of 8 hours), what is it the court would suggest a person do? Perish? Or should we read it as given that the cost of living in that circumstance is a speeding ticket?
I’d like to think that the courts would be more sympathetic in such a circumstance, but the brief overview you’ve given on the subject suggest strongly to the contrary.
This would not affect a guilty plea , since you would still have been guilty , but mitigation can be taken into account in the court , and it is within the power of the judge to give an absolute discharge in extenuating circumstances .
Might be interesting to do a FOI request for data about how common it is for speed cameras to screw up.
I've had two occasions (in 30-odd years) where a speed camera has flashed at me when I was travelling well under the limit.
On one occasion I was passing the camera doing about 50mph with another car slowly passing me (probably also doing less than the 70mph limit) but the camera decided to take our pictures.
On another occasion I was doing about 30mph in a 40mph zone and the camera just flashed for no obvious reason.
I didn't get a NIP on either occasion but it's enough to make me worry for several weeks.
I wonder if, when reviewing the pictures, the operators will find, for example, 2 pictures of my Land Rover with the speed shown as, say, 135mph even though the pictures, themselves, show the vehicle has only travelled a distance that equates to 35mph and then the operator simply discards those pictures.
@Robert Stallard Yeah but, both times it's happened to me I was definitely travelling SLOWER than the limit.
First time I assume the camera got confused because two cars were both passing it at the same time.
Second time, who knows?!
@Robert Stallard This does not happen. A camera if in service will generate evidence packs. They cost a lot to maintain, so installing then not using make no financial sense.
@Robert Stallard Yes true, there are lots of columns in the UK without camera equipment in them, but equally they don't flash either. In the UK, local authorities are required to remove visible camera housings and signage if they don't reasonably intend to actively enforce from them.
Si this has actually happened to me TWICE in the last 5yrs (double-flashed by camera but no NIP through the post) - I did FOIs for them and the information came back "Due to operational issues, enforcement with that camera was not active on the date in question" ... PHEW was I relieved!
My reading of the law on NIPs is that the time limits for service are mandatory. There is no discretion afforded to the court. If the NIP is served outside the time limit for camera captures, the prosecution is out.
All partnerships are run to the 14 days rule. In fact most camera partnerships won't process a pack if it's more than 7 days old due to the 14 days rule.
About 10 years ago I got fined for doing 40 in a 30 I had come from a 50 and when I came round the bend I felt it was a little built up so reduced my speed, next thing I got flashed by a Gatso. Having not seen any signs I turned around and went to have a look, there was a lorry coming out of the 30 and obscuring the sign on the right, the sign on my side of the road was not at all visible due to hedge overgrowth. When I got the speeding notice I went back to the location (about 50 miles away) and took some photographs of the overgrowth etc.
When I appealed this in court I was let off the fine, but still got 3 points on my licence. I felt this was unjust but what could I have done?
On alot of roads they expect you to guess what the speed limit is. Especially b roads.. signs up for 50mph in bendy roads and no signage anywhere else, been pulled for doing 40 in a 30 when there were no buildings, walls or signs anywhere!
Street lights (or not) is the sign whether a road is 30 or 60 if not otherwise signposted.
At the moment the way the NHS IS I have heard that in some cases 999 calls have asked can the person get someone to take them to hospital.
In this day and age, why can’t dynamic speed limits be in operation such that outside rural schools, limits are low at relevant times and higher when schools are not occupied such as the early hours? Wouldn’t even need electronic signs just bus lane style timing plates.
With the new idea of the unmarked speed vans must signage warning of the camera van. if the camera van is on an unsigned road warning of a speed camera in the area.?
I know it's a change of conversation but I've watched many of your videos now and I enjoy them however, you are the Blackbeltbarrister, will you ever show a video of some sort of martial art? Perhaps throw around nunchucks or something
What is the difference between "check" and "enforcement"? Average speed cameras are going up locally and the permanent signs say "Average speed check". If they said "Average speed enforcement cameras" it would be clearer
Very informative. What about mobile camera unit which is sat on the top of the hill (opposite side), and zoomed in on a bend on a dual peace of road?
Does Mitigation get these thrown out of court? i was driving at speed 45+ in a 30 at about 11pm due to the fact my 3yo nephew was going into anaphylactic shock and this was purely because when we phoned an ambulance they told us it would take 45+ minutes to get to us yet the hospital is 15mins away and time was of the essence and waiting wasnt an option.. There was no traffic and no police but had i been pulled would lack of emergency services in a life or death situation be enough to have a speeding ticket thrown out.
Probably not, even though 99% of people would agree with you.
I know a case where the Mags let off a drunk driver because he was transporting someone to hospital. So speeding shouldn't be a problem. In fact, in this case, the driver was stopped on the way _back_ from the hospital and the Mags still let him off. The Crown appealed and the court found that to hospital was OK but home again was not - result was therefore guilty.
If there is evidence to back up your story then I'd say you'd have one of the better chances of 'getting off' though mitigation. The key would be evidence. Either way, a panicked parent driving at significant speed is never going to be a great idea....
You're thinking of life as a priority, which laws are meant to protect, but it's actually irrelevant compared to the law. Sorry, you're not allowed to break the law to save a life, unless you're lucky with the judge
@@davidpereira9238 Duress of Circumstance is a valid defence against any charge except murder.
Brilliant as always
How about 'I was on the way to a party at 10 Downing St and didn't want to be late'?
I have got away with speeding ( yep I know stupid but I was younger), once by having a receipt at time of offence from petrol station several miles away. Then twice asking for a court hearing with the camera operator and callibration certificate present. These worked because I had four court hearing dates the first time but camera operator never appeared so it eventually got thrown out. Second time had five court hearing before it was thrown out. Ok I got away with speeding (although I was 100% guilty) but it took nine times of me waiting at the court house all day from 9-5 so really ducking stupid on my side, wasting others time, for a offences I'd committed. I have eventually slowed down plus now ride an ATV rather than sports bike and never really drive that fast in cars anyway!
Lastly because of my stubbornness if speeding tickets a partner at the time who got court wanted me to take responsibility, they were very upset when I refused, they then got their previous partner to take the blame. The same partner after we split cloned my number plate and I received speeding tickets for their offences. Luckily I could easily prove I was 100+ miles away each time.
As older now, if you want to speed, go on track days 😉
I tried asking for calibration certificate and they said. Let's just assume its calibrated and everything is in order and hit me with points and a fine!
I know someone who has very recently received a penalty notice for 1mph above the posted limit. Seems as more of us are abiding by the law the camera partnerships are becoming more increasingly squeezed for revenue.
About half the people in a speed awareness class recently were only 1 or 2 mph over. They said that average speed cameras don't have the same kind of +10% +2 tolerance that many gatsos have.
@@neilslater3653 That doesn’t surprise me they’ve become desperate to keep their revenue schemes & jobs. We’ve reached the stage where drivers are driving within the speed limits but for one tiny look down look up or downhill moment they’re nabbed. Car speedos are becoming much more accurate. It’s to the point now where someone is spending more time concentrating on their speedometer than the roads. Near on everyone has gone just slightly above the limit unaware or required them to slightly reduce their speed. Bring on car limiters for everyone compulsory.
I got a ticket notification from my leasing company about a month and a half ago. They passed on my details to the police to send me a ticket. I haven’t received anything. Am I better acknowledging it? Getting in touch with the leasing company or continuing to wait? I don’t really want to receive anything to suggest I ignored a ticket because I can’t really prove I haven’t received it. It’s just my word.
Alternatively, pay attention to your driving, and observe the speed limits.
What would happen if you were sharing a long drive with someone, and you genuinely didn’t know who was driving at the time you were pinged?
It is your legal requirement to identify the driver. If you say you can not remember, that is not a good enough defense and not identifying the driver can carry penalties of its own. it is the only crime where you are expected to say you are guilty, or name the guilty party.
@@neildoerdan2298.... so if you genuinely don't know, you have to make it up. Doesn't seem right to me. The police have to prove who was driving. It's not my responsibility to guess, especially if I don't bloody know! I never said anything about not remembering.
@@YelpBullhorn if you genuinely don't know and can show you have done everything to check then you are in the clear - but in your case either you or your friend was driving - so you either do rock paper scissors, or decide between yourselves who takes the blame, or say both of you were driving and im sure the police would be happy to take fines from you both, even better send both of you to the course where the police get paid rather than the government.
@@YelpBullhorn Your legal obligation is to identify the driver, the assumption being that you know who was driving the vehicle at all times. ... If you are still unable to provide information to the Police, you should expect to end up in Court as the Police are now very likely to prosecute for failing to identify the driver.
I do wish the BBB could shed some professional light on this hypothetical scenario, because I just don't see how you can be prosecuted if the two drivers, nor the police, have any idea who was behind the wheel at a certain point in time on some long, boring, lonely A-road that runs half the length of the country, especially if you swapped seats in some nondescript lay-by somewhere along its tedious length. Me and mate work away a lot, and we do it often when we're driving back from Scotland or Devon or wherever, both knackered and desperate to get home to our own beds. And I'm pretty sure two people cannot be prosecuted for the one offence.
Imagine an identical twin raping a woman and leaving his (and, technically, his brother's) DNA behind. And that was the only evidence the police had. It's fairly damning if you don't have an identical twin, but would a judge give 'em both 10 years in Wormwood Scrubs because the court couldn’t prove who was the guilty party?
actually if you are a celeb then laws do not matter.
Take a look at katie Price Driving Record.
That’s it my defence is I identify as a celeb .
@@kylewilliams6091 you probably are a celeb, too................. with a name like kyle...............
@@raymondo162 better than Raymond 😉
@@kylewilliams6091 Why not just identify as Katie Price? If that doesn't work, you could say that you can't sweat, and were at Pizza Express in Woking at the time of the incident.
@@Choppit53 because she is disgusting human and a horrible parent .
Iv got a good case for someone Dan, do you think Nestlé would pay out for choking on a lid of a tube of smarties in 1999. Hospital records and eye witness at school including a teacher fro evidence ?
Got a contravention PCN from City of London council in 2019, I only received it last year (2021) as I changed address and forgot to update my V5C. I paid £570 to the bailiffs as the amount increased by the time it reached them. Did I have any grounds to have the PCN cancelled?
Hi BBB. Regarding the NIP you seem to say interchangeably that it must be sent/received within 14 days. Which is it?
It must be sent within 14 days.
Sent. The authorities have little to no control over the postal service. With modern digital cameras most NIP's are in the post within 24 hours.
"Obscured by snow" - but still over the speed limit. Heard it all now
Obscured road signs are a perfectly valid defence. I suggest going back and taking a photo. Very hard for the Crown to prove otherwise and it's innocent until proven guilty.
Where i live in norway roadsigns are very frequently obscured by snow, and we have a lot of roads that switch between 30kph and 50kph (19mph and 31mph) in built-up areas. It's not necessarily a BS defence.
Can you jump a red light if an emergency vehicle is approaching from behind and it is clear there is no other way round for said vehicle
IF YOUR DEFENDING YOURSELF , TRY AND GET HOLD OF THE SPEED GUN PROCEDURES LIST FOR WHAT POLICE OFFICERS HAVE TO DO BEFORE SETTING UP , THERE COULD BE DOZENS AND IF THEY HAVE MISSED 1 PROCEDURE , THEN COULD BE THROWN OUT OF COURT
Is it true that you only need a driving licence if you are a commercial driver. Do we have the right to " travel freely"
The only defence against speeding is money ask Alex Ferguson 106 mph on m56 no ban or points because the cameras are protected by a expert witness statement requirements solicitors fees for challenging speed cameras start at £2000
Cheaper taking a fine n points than £2 k
"cameras are protected by a expert witness statement" Most, if not all unattended legal enforcement cameras in the UK are licenced by the Home Office (HOTA) after undergoing rigorous testing. I'm not sure where 'expert witness' comes from, unless you mean the scientists within the Home Office that are authorised to issue the licences.
@@dougle03 magistrate's or judges decide who qualifies as expert witness
The simple facts that;
a) The existing deterrents are still in place, and;
b) They keep coming up with new ones, and;
c) People keep speeding
all suggest that none of them are 100% effective.
Fuck that, if my kid cut his fingers off in the car door or something out in the middle of nowhere I would go 150mph to the hospital. I would take the punishment knowing that I saved his fingers. My cousin is now brain damaged after going into cardiac arrest because an ambulance took 20 minutes to drive a couple of miles and they were too late in reviving her.
The most obvious defence is that you simply were not guilty of the offence , and if you can prove this with dash cam evidence showing the date , time , GPS location and speed stamp , this ought to work .
Another one , which I have not ever needed to use ( but colleagues have , successfully ) , is that in connection with my work with one of the emergency services , if responding to a call , I could use an exemption . However in my role I don't speed and it has never arisen .
The one time I received a penalty notice through the post , I was driving at night down a road which for many years had been a 40mph limit , but due to new housing in the area , the limit , unknown to me , had been reduced from 40mph to 30mph . Due to all the new housing , the road was lined on both sides by cars , vans etc , which caused me not to see either the new signs , or the yellow 'new speed limit in force' signs ; so I got a ticket for 39 in a 30 when I thought I had been obeying a 40 limit . I actually had to go back and see where it was because the street name had meant nothing to me , which was when I saw the new signage . I possibly could have challenged it , but since I had a clean licence the consequences were fairly minor , so I just accepted the cofp and paid the £60 . After the four year period the points were removed and my licence is again 'clean' .
The one area where I imagine there is a loophole is that , for a postal notification , anyone could just wait beyond the 14 day period then claim the notification arrived late ( even if it did not ) . It could also transpire that someone was away from home when the notice was delivered , and did not see it until too late ( although delivery would still have been effected , but someone away from home for a long period might not respond within the required 28 days ) . Since I don't believe these are sent by recorded or signed for delivery , it would be quite difficult to prove one way or the other . I know the police sometimes rely on the Interpretations Act , which states that service is complete if the letter is posted so as to arrive on time if , within the normal course of the postal service , it would have . However , one might still argue that if it did in fact arrive late , then service was not effected in time and the notice becomes invalid .
Does this law apply to the police and, if so, are the police breaking the law when they exceed the speed limit in order to apprehend a suspected offender? Are the police ever prosecuted, for speeding, in such circumstances?
The police are 100% bound by the same laws as every single one of us Joe Plums on the road except when on an emergency call or have permission to be on a pursuit.
@@GrandSlamScotty yeah but when I got arrested when I was younger I was lucky enough to be arrested by a M series traffic officer and on the way to the station he was doing 96 in a 60
.. what was the emergency? To get to the station? They are the worst offenders out there as they can pass through any laws and claim "we were on our way to X,Y,Z"
@@SSNebula That still doesn't make my point not valid.
"I was doing 10mph over the limit because my close relative was dying in hospital and I needed to get there, and it was late at night."
"We don't care, we just want to extort money out of you."