Beyond the Obvious: Uncovering Hidden Defences with Speeding Offence Lawyers

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When a speeding ticket lands on your doormat, accompanied by seemingly clear evidence from a camera or a police officer, it's easy to feel resigned to accepting the points and the fine. The common assumption is: "I was over the limit, so I must be guilty." However, the reality of road traffic law is far more technical. A conviction requires the prosecution to prove not just that you exceeded the speed limit, but that they did so using legally admissible evidence gathered through a flawless procedure.

Hidden within this complex process are numerous potential defences that only specialist speeding offence lawyers have the expertise to uncover. This guide explores some of these less obvious, but highly effective, avenues of defence that can lead to a full acquittal. At Motoring Defence, our role is to conduct this deep-dive investigation into every case, searching for the hidden key that can unlock a not guilty verdict. ????

 

Defence Angle 1: The Invalid Notice of Intended Prosecution (NIP)

This is the classic procedural defence, and it remains surprisingly common. The law requires that the initial NIP must be served on the registered keeper of the vehicle within 14 days of the alleged offence.

• The Hidden Flaw: Police administrative errors happen. Notices can be delayed in the post, sent to an old address on file, or simply issued outside this strict statutory time limit.


• The Expert's Action: A specialist lawyer doesn't just look at the offence date; they meticulously check the NIP's issue date, the postmark (if available), and the accuracy of the address used against the DVLA records at the time. If the 14-day rule has been breached, they will build a legal argument that the entire prosecution is invalid from the outset.

 

Defence Angle 2: Challenging the Device Accuracy (Calibration & Type Approval)

The speed reading itself is only as reliable as the device that produced it and the officer who used it.

• The Hidden Flaw: Speed detection devices (laser guns, fixed cameras, average speed systems) require regular, documented calibration by approved technicians. Furthermore, the specific type of device used must be Home Office approved for enforcement purposes. Sometimes, calibration certificates are out of date, missing, or the device used wasn't properly approved. For handheld devices, user error (like the "slip effect" with lasers) can also render the reading unreliable.


• The Expert's Action: Experienced speeding offence lawyers know exactly what documentation to request from the prosecution regarding the device. They will demand the calibration certificate, the type approval certificate, and sometimes even the officer's training records. They have the technical knowledge to scrutinise these documents for any irregularities that could render the speed reading inadmissible in court.

 

Defence Angle 3: Inadequate or Incorrect Signage

You can only be convicted of exceeding a speed limit if that limit was clearly and lawfully indicated by the required signage.

• The Hidden Flaw: Speed limit signs can be missing, obscured by overgrown trees, damaged, incorrectly placed according to strict regulations, or sometimes the Traffic Regulation Order (TRO) that legally creates the speed limit for that specific stretch of road might be defective.


• The Expert's Action: This often requires physical investigation. A dedicated solicitor may visit the location (or use detailed photographic/video evidence) to assess the state and placement of the signs leading up to the point of the alleged offence. They can also investigate the validity of the underlying TRO. If the signage is found to be legally deficient, it provides a complete defence.

 

Uncovering Your Defence: The Motoring Defence Investigation

At Motoring Defence, we approach every speeding allegation not as a foregone conclusion, but as a case to be investigated. Our specialist speeding offence lawyers have the deep technical and procedural knowledge to look beyond the obvious. We meticulously examine:

• The NIP procedure.


• The device evidence.


• The signage and legal orders.

We leave no stone unturned in our search for the hidden defence that can save your licence.

Don't Assume Guilt – Investigate First

Never assume that a speeding charge is unchallengeable just because a camera or an officer says you were speeding. The law demands perfection from the prosecution, and hidden flaws are common.

Before you accept any penalty, contact Motoring Defence for an expert investigation into the hidden details of your case.

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