After 40 years of safe and careful driving without a single complaint being raised against me, I have been sent two notices of intended prosecution for two speeding offences that occurred on successive days in June, on the same road from Sandhurst to Wokingham, but from different fixed speed cameras.
I have tried to argue with the police that if someone commits an offence, inadvertently and without malice, they should be given a warning or prosecution and an opportunity for reform, and if they re-offend they get prosecuted again. I was sent two NIPs that arrived in the post on the same day, so I’m being prosecuted for a second offence without even knowing about the first one.
I have said that getting nicked by a speed camera is a fair cop, but there is no useful purpose in getting prosecuted twice. I have found that x Police are not interested in that type of argument. They just want to go ahead with the two prosecutions, for what purpose I don’t know.
I’ve already had some advice from the guys at x where they have an online forum and you discuss it openly under an alias name and you miss out words like “x” that would identify the incident (in case the police have got time for blogging). They were helpful for a while, but they couldn’t find a way to get the two offences rolled into one, and they couldn’t find a legal defence on either of the individual cases.
Then, to my surprise, they started flaming me and I began to wonder whose side they were on.
The police have already sent me photographs identifying the vehicles (different cars on each occasion) and I’ve sent in one of the S172 forms, naming myself as the driver (abuse of human rights). Soon I’ve got to send in the other one, otherwise I’m in worse trouble.
The police are saying I’ll be sent on a speed awareness course for one offence and get a fine and 3 points for the other. I’ve reached a point where I’ve probably got to take it on the chin, unless you can find a way out and get this reduced to a single offence.
I used to be involved in the local Neighbourhood Watch but I’ve resigned because it’s impossible to work with them while the police are treating me as one of the criminals. They are not bothered, they haven’t even been to see me, such is their interest in maintaining the supposed vitally important community support.
Can you tell me what speed are alleged and the limits for the road.
I’m afraid speeding offences are strict liability. They do not require the police/prosecution to prove that you had a guilty mind/meant to commit the offences. If you commit the guilty act you will be convicted.
The same principle applies to the fact that you committed the second offence not knowing about the first.
You could only get the two offences rolled into one if they happened whilst traveling in the same direction and were a maximum of half an hour apart. So that wont succeed here I’m afraid.
You only have a defence if the NIPs are defective or if the evidence of the speed recorded is unreliable. You can only defend these matters if you actually have a defence. if you accept the speed alleged then you are going to get convicted.
No human rights issue on the naming of the driver – that argument is long dead and has been explored over and over by the human rights court – to no avail.
My view is if you accept the speed alleged you should take it on the chin.
I know that’s not want you to hear but there is no such thing as a loophole. You apply the law to the facts of an individual offence. You either have a defence or you don’t.
If you want to reject the fixed penalty tickets and ask for a court hearing I can trawl through the evidence looking for a defence – but I cant guarantee I will find open and it will cost you money for me to do it for you. You have to be up for that risk.