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Speeding: Trial Success

Our Case Study

Nature of the Offence

Mr Garratt received a Section 172 request for driver information form in the post, he completed the form and confirmed he was the driver of his vehicle at the relevant time.

He then received a Single Justice Procedure Notice (SJP) from Warwickshire Police for speeding at 40 mph on a road restricted to 30 mph, an offence which attracts 3 penalty points.

Mr Garratt was adamant that he was not speeding, having been a motorist for 30 years and not having accumulated a single penalty point during that time. Whilst a conviction for this offence would not have resulted in a driving ban, on a point of principle he wished to challenge this prosecution and instructed us to defend his case at trial.

Where the Offence Occurred

The offence occurred in Leamington Spa and his trial was listed before Leamington Spa Magistrates’ Court.

The Defence

Once we considered the offence and the evidence in the case, we noted that the alleged offence had occurred whilst he was driving his large motor-home and the route he had taken would have required him to accelerate from a stand still position, on a road with an incline.

Our defence was that the vehicle he was driving would not have been able to reach 40 mph in such a short distance.

The Outcome

At the trial, we produced expert evidence which supported our defence and evidence was heard from Mr Garratt where he confirmed the precise journey he had taken on the day in question. The Magistrates’ considered the defence case and found him not guilty of the offence of speeding.

Names have been altered for client confidentiality reasons

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Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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