A Defendant, summonsed to appear before a Magistrates’ Court for allegedly speeding at 72 mph in a 50 mph zone, has successfully challenged the evidence relied upon by the Prosecution.

Suki Randhawa of Kangs Solicitors comments upon the situation.

The Circumstances | Kangs Motoring Defence Team

  • The Prosecution produced evidence from a handheld device being operated correctly.
  • The Defendant challenged this prosecution evidence by producing contrary evidence.
  • As the Magistrates were uncertain about the Defendant’s guilt, they were unable to convict him.

The Relevant Law and Procedure | Kangs Motoring Law Advisory Team 

Speeding is an offence under Section 89 of the Road Traffic Regulations Act 1984.  

Section 20 of the Road Traffic Offenders Act 1988 allowed the admissibility of camera evidence into court proceedings with the result that during the last thirty years there has been an increase in the use of static speed cameras, normally maintained by the local authority, and handheld devices used by Police. Both sorts of devises generate evidence against offenders exceeding the speed limits.

There is general guidance given to the Police and local authorities as to how these devices should be used.

Cameras should:

  1. be coloured yellow;
  2. be visible from 60 metres away in a 40-mph zone;
  3. not be covered or obscured.  

Those using handheld devices should be wearing fluorescent clothing.

Potential Defences | Kangs Motoring Offences Defence Solicitors

  • It would not necessarily be enough to show that there has been an infringement or a breach of any of the above Rules and this will not therefore necessarily provide a defence. 
  • However, evidence can be adduced which casts doubt upon the reliability of the Prosecution case to the extent that the Magistrates cannot be sure that the case has been proved beyond reasonable doubt, resulting in a likely acquittal. e.g.  the Defendant in the above case was able to produce evidence from a GPS tracking device fitted to his vehicle which showed a disparity in the speed being alleged and that which showed up on his tracking device.

How Can We Assist? | Kangs National Motoring Offences Defence Solicitors

Kangs Solicitors deal with motoring and driving related prosecutions at all levels from speeding offences to the more serious matters such as causing death by dangerous driving. Whatever the allegation our experienced team of solicitors can help you. 

If you require any advice or assistance in this area please feel free to contact any of the following:

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Amandeep Murria
amurrias@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888