Defending – Two Against One

Question:

Speeding

Whilst driving to the station I saw the police with a hand held speed gun on the corner of the side road leading to the x Car Park. They were checking approaching vehicles on the main road. I kept within the 30 mph limit and then turned into the road to the station car park passing the police on the corner.

The road to the car park is only 150m to a set of speed bumps then a right hand turn into the car park. I have now received a court summons that I was driving at 39 mph in this side road.

I do not believe I was exceeding the speed limit but have no proof. The police Witness Statement states that I was recorded with a laser speed gun at a distance of 109m. The police then drove to the car park to my car (reg captured on Automatic Number Plate Recognition System) but by this time I was already in the station so did not see them.

I drive a x and feel I am being falsely accused because I drive a fast car. From the location of the police to the position of my car where they say I was clocked I do not believe they had a clear view to clock me.

In the Summons the Offence and Statement of Facts refers to speeding along the main road (x Avenue) whereas the police witness statement relates to the side road (x Avenue) where they say they clocked me. The only evidence appears to be the witness statement of the Police Officer and an accompanying officer.

The costs of bringing the case to court are £65. The Summons states that if I plead guilty the penalty will be less. My question is “can I be found guilty on just the witness statement of the two police officers or do they have to have evidence from the speed gun i.e. video evidence.

As The Offence and Statement of Facts in the Summons is incorrect and contradicts the police witness statement would this be sufficient grounds to plead not guilty?”

Louise says:

Your proof is your word. You will be able to give evidence that you were not speeding and the officer will have to convince the court beyond reasonable doubt that you were.

Do you know why you have been summonsed to court? Did you reject a fixed penalty offer?

It will help if you can show that the police have not followed guidelines in relation to the use of the LTI 20/20. The evidence from this device will be used to corroborate the police opinion of your speed.

When defending, you may have an argument that their evidence is unreliable as to the location of the alleged offence.

The two officers will gang up against you at court and will state that their evidence is reliable. You can be convicted based on the opinion evidence of two officers – but they will use the evidence from the device as well.

You should only plead not guilty if you do not accept that you were speeding.

Have you got any points already? If so, how many?

Would you like my help with this matter?