As widely reported in the press, former footballer David Beckham has successfully defended a speeding charge on a ‘technicality’.
Sukhdip Randhawa of Kangs Solicitors explains how Mr Beckham was able to avoid a conviction for speeding, even after he admitted that he was driving well in excess of the prevailing speed limit.
The Relevant Law | Kangs Motoring Offences Defence Team
The law states that:
- a person cannot be convicted of certain road traffic offences unless a Notice of Intended Prosecution (NIP) is properly given
- the NIP must be received within fourteen days of the date of the offence (excluding the actual day of the offence) unless given at the actual time of the offence.
Failure to properly serve a NIP may provide the accused with a technical defence to the charge(s), frequently referred to as a ‘loophole’ by the press.
The Beckham ‘Loophole’ Defence | Kangs National Motoring Offences Advisory Team
- at the time of the offence Mr Beckham was actually driving a loaned Bentley
- the NIP had been received at the Bentley HQ one day after the fourteen day period explained above had expired.
- in such circumstances, the NIP had not been properly served and the District Judge had no alternative but to dismiss the case against Mr Beckham.
Possible Time Limit Exceptions | Kangs Driving Offences Defence Specialists
It is possible that an NIP served outside the fourteen day period is not invalidated where the motor vehicle had been:
or the driver:
- was not the registered keeper of the motor vehicle or
- had moved address.
In those circumstances, the police must send the NIP to the registered keeper of the motor vehicle who is required to provide the details of the driver of the motor vehicle at the time of the offence.
Failure to comply with such request can lead to the imposition of six penalty points and a heavy financial penalty. It is not a breach of human rights when asked to identify a person who was driving a motor vehicle under Section 172 Road Traffic Act.
The police have six months to prosecute an offender once that person’s identity is known.
Alleged Defence Misconceptions | Kangs Motoring Law Advisors
It is not a defence:
- to claim that a NIP has never been received in the post as the police need only prove that it was properly sent.
- that the NIP was not signed as this is not necessary and a stamp can also be used on behalf of the Chief Constable.
How Can Kangs Solicitors Help You? | Kangs Driving Offences Defence Solicitors
We have an established team with a proven national success in defending motoring cases as illustrated by the following sample cases:
- Kangs Represent Former England Cricket Captain Andrew Flintoff
- Success In Defending Former Premiership Footballer
- Kangs Defend Freddie Flintoff In Driving Case
- Success In Dangerous Driving Case
- Driving Ban Successfully Appealed
Who Can I Contact For Help? | Kangs Solicitors For Driving Offences
Please feel free to contact our team through any of the following who will be happy to offer you expert advice.