I have received a request for information and NIP relating to a speeding offence allegedly recorded by a mobile radar camera.
I have received copies of the images. These images show a close up picture of the vehicle and a recorded speed of 38mph.
In no way is it possible to ascertain the location of the vehicle at the time the photographs were taken. I believe the camera was sited near a change from 30mph to 40mph and that, in fact, I was past the change and in the 40mph zone, not a 30.
What evidence is required to show the location of the vehicle at the time the image was taken?
The NIP has to be precise as to the location of the alleged offence. If it is not then it may be defective and s.RTOA 1988 states that a person shall not be convicted if the NIP is defective.
The officer will give evidence as to the precise location of the alleged offence if you take it to court. The officer will undoubtedly state that you were in the 30 zone rather than the 40 zone. You will need to cast a doubt on his account to win. He will need to convince the court beyond reasonable doubt.
You don’t get to see his evidence until you opt for a court hearing and reject the fixed penalty – so its a gamble.
Have you got any points already? If so, how many?