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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have 6 points on my driving licence and have today received

Resolved Question:

I have 6 points on my driving licence and have today received a notice that I was alleged to have been doing 72 miles an hour at a speed camera on the M1 set at 60 between junction 12 and 13 it is my belief that these cameras are malfunctioning they also flash when no sign is showing I travel through the at least 15 times per week and have obeyed them all the time.when they say 40 or 50 I am overtaken by trucks and bus,s are they exempt
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help.

What exactly would you like to know about this?
Customer: replied 3 years ago.

Is it worth me contesting in court the points will affect my job as a self employed cheaffeure
Expert:  Alice H replied 3 years ago.
Many thanks.

A defective or malfunctioning device is certainly a defence to speeding.

As you may know the prosecution have to prove beyond a reasonable doubt that you exceeded the speed limit. Usually this will be done by way of a statement from a police officer to say the device was functioning properly. This usually also includes confirmation that the device is Home Office approved.

Once such evidence is disclosed by the prosecution, its then down to you to establish that the device was malfunctioning. The usual course is to submit a Defence Statement raising the issue and asking for service logs, engineers reports etc. This will reveal whether the device was working properly or not on the day. On receipt of this information you can then decide whether your defence is worth running at trial.

It has to be said that these cases can be tricky to defend especially if all the documents from the prosecution are in order. But its not impossible. Success really depends on whether the prosecution disclose the material mentioned above, failure to do so could give you a way in to defend the allegation.

If you decide to pursue this - you should enter a Not Guilty plea and set the matter down for trial and ask the prosecution for the calibration certificates, service logs, engineers reports etc. They are unlikely to hand these documents over in which case you will have to serve a Defence Statement and also make an application for disclosure under s.8 CPIA 1996.

The alternative is, of course, to plead guilty and argue "exceptional hardship" not to disqualify on the basis that you will lose your job which is wholly dependent on you having a driving licence.

Alex


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