Defences and Mitigation

Speeding defences

There are several defences you can use if you wish to dispute a speeding offence, though it is recommended that you engage a solicitor to aid your defence if you wish to plead not guilty. Anyone attempting a fictional defence in court, should they be found out, will be subject to an additional offence of perjury. These defences include:

• Driver identity – this is if you don’t know the identity of the driver at the time of the offence. You must prove that you have rigorously investigated all possibilities, however, and if you still cannot establish the identity you may have a successful defence.
• Speed trap guns – these have to be calibrated once a year. You can request to see the calibration records to see if the gun conforms to the required standard, though the police don’t have to let you see them.
• NIP was not received within 14 days – the day of the offence and a couple of days for postage are not counted within these 14 days. However, if you still did not receive the NIP within the time period you have a valid defence. Note that any change of address is not a valid excuse, and the NIP will be delivered to the registered owner of the car. Also a verbal NIP issued by a police officer at the time of the offence is sufficient.
• Eye-witnesses – if the speeding charge was brought through an eye-witness account rather than by record from a camera or speed gun, there must be at least two witnesses.
• You were not present at the date and time the offence is said to have occurred – if you believe that there has been a mistake in identifying your car there may be the possibility that the registration has been read incorrectly, or that someone has duplicated your licence plates. Ask to see the photos if this is a possibility.
• You were being chased – if you had a genuine fear for your safety because of a pursuant.
• Serious emergency – this could amount to a defence of duress of necessity/circumstances.

Note that the following are not valid defences of a speeding offence – not signing the NIP; the camera did not conform to the regulations set out for their operation; there were no relevant visible road signs; the speed trap was hidden (there is no requirement for the police to make themselves visible or provide warning when operating in this way); I was late; there was a genuine emergency; the car behind was too close.

Mitigation letter

Some of the invalid defences listed above may be valid for a plea of mitigation. A plea of mitigation should be taken into consideration by the court and could result in a lighter sentence. No plea of mitigation can be given for a Fixed Penalty Notice. There following are possible grounds for mitigation:

• Hardship could be resultant – possible loss of job, disruption of family transport, or transport for someone who is ill/has special needs.
• Serious emergency  - if the emergency is not enough to get an acquittal then it could amount to grounds for mitigation.

Other circumstances could also be valid to each individual case, and the help of a solicitor can help you in determining if their merit is sufficient. It is advisable that you pursue mitigation through a letter as this limits the amount of the court’s time that you take up and currying their favour can only be of help to your case.