Speeding Case Studies
We have successfully represented many clients charged with speeding offences. Read some of our case studies below.
Speeding Case Study 1
Southend Magistrates’ Court
Mr S was accused of speeding, at 130 mph, on the A13 in Essex. If convicted, he faced a lengthy ban and almost certain loss of livelihood. Both police officers claimed that the speedometer on their patrol car had been properly calibrated in accordance with correct procedures.
At the trial, searching cross-examination by Richard Silver revealed that the prosecution could not prove proper calibration. As a result the case was thrown out. Not only was our client acquitted, but also the Court agreed to pay his legal costs.
Speeding Case Study 2
Hendon Magistrates’ Court
Our client was charged with doing 58mph in a 30 zone on the North Circular Road in London. Although the road was a dual carriageway with a central reservation, the Prosecution claimed that the speed limit was 30mph.
Our client already had six penalty points. Had he been convicted, he would have been at risk of a further 6 and therefore been at risk of disqualification under the totting-up system. This would have made it difficult for him to get to work and also prevented him from taking his wife to essential hospital appointments.
As a result of meticulous preparation, we were able to demonstrate that there was no evidence of a 30mph limit and that the national speed limit of 70 therefore applied. In support, we were able to cite a number of legal precedents of which the Crown Prosecutor was unaware. Consequently, the proceedings were dismissed and our client’s legal costs were paid in full by the Court.
Speeding Case Study 3
Redditch Magistrates’ Court
Our client was charged with doing 62mph in a 50 zone on the A491 in Worcestershire. Again, although the road was a dual carriageway with a central reservation, the police claimed the speed limit was 50 and not 70.
Had he been convicted, our client would have been at risk of disqualification under the totting-up system. This would have made it very difficult for him to run his business.
After Richard Silver challenged the existence of the lower limit, the Prosecution dropped the case shortly before the trial date. This was much to our client’s relief.
Speeding Case Study 4
Leamington Spa Magistrates’ Court
In these cases, we secured the acquittal of three drivers accused of exceeding variable speed limits on the M42 Motorway in Warwickshire. Following our involvement, the Prosecution dropped all three cases. In each case our client’s legal costs will be paid by the Court.
In the first case, we secured our client’s acquittal by spotting that the police had issued the summons under the wrong legislation. As our client already had 6 points, he would have been at risk of disqualification in the event of conviction and was therefore particularly relieved by the outcome.
In the second case, we ascertained that the Notice of Intended Prosecution had not been issued in time.
In the third case, our client was certain that the variable speed limit sign had not been switched on as claimed by the police. A solicitor from another firm had wrongly advised him to plead guilty. Certain of his innocence, he came to Richard Silver. Our advice to plead not guilty was later vindicated by the case against him being dropped.
Speeding Case Study 5
Sheffield Magistrates’ Court
If a newly qualified driver reaches six points within 2 years of passing his or her first driving test, the DVLA will automatically revoke their driving licence. This means they will have to re-take both practical and theory tests.
In a recent case our client John, a new driver who passed his test less than 2 years ago, faced exactly this potential problem.
He was caught speeding by a police laser camera in Rotherham and accepted a Fixed Penalty of three points. A few days later he then received another Fixed Penalty Offer for an identical speeding offence on the same road on the same date. Had he accepted the Fixed Penalty he would have received another three points. This would have taken him to six points and he would have had to re-take both tests. As his job depended on driving, this would have jeopardised his career because there would have been a delay before he could get another test.
Fortunately, before accepting the second Fixed Penalty he took legal advice from Richard Silver. On carefully examining the two Notices, we noticed that the two offences were just six minutes apart on the same road.
In an unusual legal procedure we successfully argued that as they were only a few minutes apart and on the same journey, both offences should be treated as committed on the same occasion and therefore receive only one set of three points. The Court accepted this argument. As a result, no further points were imposed and John avoided having to re-take his test. This also saved his job.
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