Speeding – Do I Get To See The Evidence Before Court?


Offence alleged: Contravention of a temporary maximum speed limit. 61mph on 50 I was tagged on the M40 on a temporary road works section. I was happy from the start to disclose that I was the driver at the time of the offence, however I requested further evidence including photographic evidence.

Warwickshire police wrote back to me saying that I had no legal rights to see any evidence against me.

The threat was either plead guilty now without seeing evidence or risk the possibility of greater fines and points by going to court. I felt strongly that I had the right to see the evidence against me and requested for a court summons.

I now have to attend court on the 27th of April. Ironically they have now sent me the picture evidence with the court summons. Anyway I would like to know if the evidence presented stacks up. They have sent 3 images of my car.

The images show no relation as to the location or whether this section has any road works. Further evidence is provided by a camera operator working this section of the M40 stating that the camera was activated and that the equipment was working fine at the time.

Would it make any difference if the section I was photographed in was not active at the time. I cannot recall seeing any work being carried out as the weather was quite poor throughout the day. Would this have any bearing in my favour?

Do I have any grounds for a favourable result?

Louise Says:

I am sorry but it doesn’t matter whether or not the road works are active at the time. If the speed limit is properly signed then the court will convict you if they find that you were traveling at the speed alleged.

I’m afraid that you don’t have a right to see the evidence in the case until you reject the fixed penalty and ask for a court hearing. The fixed penalty is designed to be quick and cost effective. The Criminal procedure and Investigations Act doesn’t kick in in relation to disclosure until the case gets to court.

The camera operator will give evidence as to the location of the alleged offence and unless you can cast a doubt on their evidence you will be convicted.

The only good basis upon which to take a case to court is if you are adamant that you were not traveling at the speed alleged.

Have you got any points on your licence? How long have you been driving?

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