Speeding Fines Evidence
- I do not believe that my speed was as fast as alleged. Can I request the evidence?
Can I request the calibration certificate for the speed camera/equipment?
- I'm not sure who was driving. Can I obtain the photo?
- The Police will not provide the evidence until I request a Court hearing. Will this subsequently go against me by way of a harsher penalty?
- If I plead not guilty, can I change my plea once I have obtained the evidence?
- Is there any benefit to having the evidence reviewed by a specialist lawyer?
I do not believe that my speed was as fast as alleged. Can I request the evidence? Can I request the calibration certificate for the speed camera/equipment?
Yes. However, on the vast majority of cases, there is no obligation upon the Police to disclose evidence until the case gets to Court. That said, if you persevere, you should be able to obtain same from the Police on a voluntary basis.
Yes. If this is not supplied with the Notice of Intended Prosecution, it should be made available on request. However, the Police will emphasise that the photograph does not need to identify the driver, merely the vehicle. Consequently, on many occasions, the photograph will not actually show the driver at all.
The Police will not provide the evidence until I request a Court hearing. Will this subsequently go against me by way of a harsher penalty?
The ACPO guidelines do indicate that evidence should be disclosed at the first opportunity. If the Police are not prepared to co–operate but you are subsequently found guilty, you should be able to persuade a Court not to increase the penalty if it is clear that you have not been the author of any delays or made any unreasonable requests.
Yes. There is nothing to prevent you changing your plea at any stage in the process.
Yes. Unless you are familiar with these matters, it is feasible that you will not be able to clarify whether the evidence is accurate or adequate. It always makes sense to have this checked and seek guidance at that stage.
If you have your evidence, Motor Lawyers will review and advise for a fixed fee via the Summary Advice Service. This will establish whether the case can be proved/defended, what action needs to be taken by way of calling witnesses or investigating matters further.