Ask a Traffic Law Question, Get an Answer ASAP!
Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.
Thanks for your message, I appreciate it is important to you. Just to clarify your question, are you asking if it is a possibility that another vehicle was speeding, and you have been accidentally sent a speeding fine for that vehicle?
Ok thank you.
If that is your question, then that is unlikely to be the case. You will need to tread carefully with a defence that another vehicle was speeding and you were not. This is because, for the defence to succeed you will require evidence that substantiates your allegations. The only evidence sufficient enough to verify what you are alleging is to request the calibration report on the speed camera in question. The risk with this is that the cameras very rarely malfunction and if they do the faults are spotted before any notices of intended prosecution are issued and sent out.
Additionally, to contest the speeding ticket on this basis would require investigations which will only occur were you to proceed to court. If your defence fails you face the probability of an increased fine and more points than if you accepted liability at this early stage.
However, this decision is yours and if you are intent that you were not the party speeding you have every right to dispute matters. But if you know, you were speeding and wish to rely on that defence that it was another vehicle, in order to escape the penalty, just be mindful of the consequences if you were to lose.
I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.
Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John
That attracts a fixed penalty of £100 and 3 points. You may be awarded a speed awareness course, if you have no previous motoring convictions in the past 3 years but the offer of this course is discretionary, not mandatory. If you believe it is a possibility that it was not you, then you have the right to dispute and question matters. However, as mentioned just be mindful that to do so would discard any fixed penalty notice you are offered and may result in increased penalties if you were to lose. Also, please be aware if all three vehicles were speeding, then all three vehicles would have been sent notices.
I am glad I was able to help. Have a great day.