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
Useful Articles
What happens at a Traffic Commissioners Public Inquiry?
Traffic Commissioners are responsible for licensing and regulating operators of heavy goods vehicles (“HGVs”), public service vehicles (“PSVs”) including coaches and local bus services. They can also take action against drivers including suspending or revoking...
Will I get banned from driving with 12 points on my licence?
Will I get banned from driving with 12 points on my licence? Penalty points can be imposed against driving licences for a variety of offences such as speeding, careless driving, or using a mobile telephone whilst driving. For drivers who are at risk of receiving...
Legal Loopholes in Driving Offences
Our Birmingham based Driving Offence Lawyers are frequently asked about ‘Legal Loopholes in Driving Offences’ by clients / potential clients and whether we have a Birmingham Loophole Lawyer within our team that can save them from receiving a Driving Ban. In this...
Request A Callback or Email from a Kang & Co Solicitor
Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.
Our Offices
Birmingham Head Office
1 Victoria Square
Birmingham
B1 1BD
London Office
5 Chancery Lane
London
WC2A 1LG
Milton Keynes Office
Exchange House
494 Midsummer Boulevard
Milton Keynes, MK9 2EA
