The dreaded Notice of Intended Prosecution (NIP) drops through the letterbox. How do the police or the prosecution in Court prove your speed? There are three ways in which the prosecution will seek to prove your speed:
1. A permanent speed camera, properly calibrated and approved by the Secretary of State
2. A hand held detector or portable device that is properly calibrated and approved.
3. Opinion based upon the naked eye and some form of corroboration from a second witness or machine – for example a speedometer
The most common method of detecting speed is via the permanent speed camera. On the face of it, the court will accept the speed recorded by a speed camera unless cogent evidence is called that challenges the alleged speed. Questions to consider therefore where the recorded speed is disputed are:
1. Is the speed camera properly calibrated and can the prosecution prove this beyond reasonable doubt?
2. Has the Secretary of state approved the Speed Camera? Can the prosecution prove this?
3. Can you provide evidence to raise a reasonable doubt that the speed recorded was incorrect?
The team at #1 Motoring Solicitors have successfully challenged speed recording devices in all of the above categories, including establishing that a tracker fitted to a vehicle recorded a different speed than that alleged by the prosecution, calling expert evidence to challenge the speed suggested by the prosecution and where the paperwork produced by the prosecution suggested two different speeds at which a diver was travelling. If in doubt, please call us for free initial telephone advice on your situation.