How to Avoid Convictions in Speeding Cases: A Guide to Your Legal Rights
Speeding offences are among the most common criminal violations. Whether you’ve been caught speeding or simply want to understand your rights and options, it's crucial to know the potential defences that could help avoid a conviction. Speeding tickets are something most people will face at some point, so being prepared with knowledge is key.
In this post, we’ll discuss the four most common ways to avoid a conviction in speeding cases. Keep in mind that every case is different, with varying speeds, equipment, and legislation in place. If you find yourself facing a speeding charge, it’s always a good idea to seek independent legal advice. For those seeking guidance, many legal firms, including ours, offer free initial consultations.
Let’s dive into the four most common defences for avoiding a speeding conviction. Alternatively, you can watch our video on YouTube (linked below) if you'd prefer to listen to our senior solicitor Conor Johnstone discussing this issue.?
1. The NIP (Notice of Intended Prosecution) Timing
The Notice of Intended Prosecution (NIP) is an official notification sent to inform a driver that they are being investigated for a potential offence, such as speeding. It is an important part of the legal process and plays a crucial role in whether a case proceeds.
KEY POINT: NIP Timing -?If you weren’t pulled over at the scene of the alleged offence (i.e., no immediate arrest or fine), the police must send the NIP within 14 days of the incident.
- Late Issuance of NIP
Let's say you are caught speeding by a fixed speed camera on January 1st. The police have until January 15th to send you the NIP. If the police do not send the NIP by January 15th, but you receive it on January 18th, you may have grounds to argue that the NIP was issued too late and request the case to be dismissed.
Why It Matters: This 14-day rule is in place to ensure that there is no long delay between the alleged offence and the prosecution, giving the driver a reasonable opportunity to recall the incident and respond appropriately.
- Potential Administration Errors?
Even if the NIP was issued on time, errors in administrative processes might cause delays. For instance, the police may incorrectly address the NIP or fail to send it out on the correct date. If you receive the NIP after the 14-day period due to an administrative mistake, it might be considered invalid, and you could argue for the dismissal of the case.
- Discrepancy Between Offence Date and NIP Date?
When you receive the NIP, it’s important to carefully compare the date of the alleged offence with the date the NIP is actually received. This can make all the difference in defending yourself.
Imagine that your alleged speeding event occurred on March 10th, and you receive the NIP on March 25th. The police have only 14 days to send the NIP, so if the NIP was posted later than March 24th, it would be considered invalid. You should keep a record of the date the NIP arrives to help confirm any discrepancies.
- Failure To Respond To The NIP
Even if you receive the NIP, failure to respond appropriately could lead to serious consequences. The NIP will ask you to either admit to the offence or nominate the driver if someone else was behind the wheel. Failure to fill out and return the NIP can lead to another charge called “failure to identify the driver,” which carries its own penalties, including a possible driving ban, large fines, or imprisonment in extreme cases.
If you fail to ID the driver you might have a defence if you can show that reasonable and diligent enquiries could not determine who was driving at the relevant time.
- Burden Of Proof?
Another important aspect to remember is that the police must prove that they issued the NIP within the 14-day window. If there is any doubt about when the NIP was sent, the case may be dismissed. Therefore, you may request proof, such as the exact date the NIP was posted, to confirm it aligns with the law’s requirements.
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2. Challenge the Local Traffic Order
A common mistake made in speeding cases involves failing to correctly identify the applicable local traffic order. A traffic order dictates the speed limit on a particular stretch of road, and the police must specify the relevant order in the NIP. However, in some cases, the police fail to clearly identify which local traffic order applies. If the NIP only mentions a vague reference to a local traffic order without identifying it, this could be grounds for challenging the case.
Local traffic orders are typically in place to regulate speed limits in certain areas, and the police must cite the specific order in the NIP. If the police fail to provide this information, you may be entitled to request a copy of the local traffic order. If they can’t provide it, this could potentially lead to the case being dropped.
- Example of How This Mistake Can Occur?
Let’s say you are caught speeding on a road, and the police issue an NIP citing a "local traffic order." However, the NIP doesn’t specify the exact order number or details of the LTO, just a vague reference to it being in place. In such a case, you could challenge the ticket by requesting the full details of the local traffic order to ensure that the speed limit being enforced is indeed legally valid.
If the police cannot provide the full details of the LTO, they may be unable to prove that the speed limit was lawfully set. This could lead to the case being dismissed, as the prosecution would not have sufficient evidence to prove the violation.
3. Check the Signage for Compliance
Signage is another crucial factor in speeding cases. Proper road signs must be in place to indicate the speed limit clearly, and they must be visible and in good condition. There are two main types of speed limit signs: terminal signs (which indicate the beginning of a speed limit zone) and repeater signs (which indicate the speed limit within the zone). If the signs are unclear, damaged, or obscured by overgrown trees or foliage, this could provide a defence.
Local authorities are responsible for ensuring that speed limit signs are in good condition. If you weren’t aware of a change in the speed limit because of defective signage, you may have a valid defence. However, it’s essential to know that the police may try to prove the adequacy of the signage using photographs or even Google Street View images, which can be unreliable and outdated. If the police can’t provide up-to-date and accurate photos showing the compliance of the signs, the case against you might fail.
4. Question the Calibration of Speeding Equipment
Finally, another critical defence in speeding cases involves challenging the calibration of the speed detection equipment used to catch you. Speed cameras, whether handheld or automatic, must be correctly calibrated and maintained. In some cases, the police may fail to produce documentation proving that the camera was set up and calibrated in the correct way.
If you're caught speeding by a camera, it’s worth investigating whether the device was properly calibrated before it was used. The police are required to maintain calibration records, and if they can’t provide this information, it could lead to the case being dismissed. The process of obtaining and reviewing calibration records can be time-consuming for law enforcement, so sometimes it may not be worth their time to pursue a case if the evidence is shaky.
Final Thoughts: Don’t Hesitate to Seek Legal Advice
As you can see, there are various strategies to challenge a speeding conviction. From examining the timing of the NIP to scrutinising the signage and calibration of the speed equipment, you have several options to avoid a conviction.
If you’ve received an NIP or are facing a speeding charge, don’t hesitate to contact us on 0151 422 8020. Our firm offers free initial consultations, and we can guide you through the details of your case. Be sure to check the NIP’s wording, verify the local traffic order, examine the signage, and question the calibration of the equipment used. By challenging these key elements, you may be able to avoid a conviction and the associated penalties.