This section will assume you've already read "The Law In Theory"
We already touched on motorists being guilty until proven innocent (the wrong way round to how it should be!) as well as the ACPO allowing a leeway of 10% plus 2mph, which are perfect examples of how the law is enforced differently in practice than how it's written in theory.
Here is a table of the best practice (the law in theory) vs the legal minimum (the law in practice):
| Legal Minimum | Best Practice | |
| Speeding Ticket issued |  |
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| Driver Cautioned | |
|
| Written NIP issued within 14 days | |
|
| Verbal NIP | |
|
| Officer records what is said | |
|
| ACPO Guidelines will have been adhered to | |
|
| Speed Measurement Equipment will have been used | |
|
| Officer decides a single speed for prosecution | |
|
After being warned you might be prosecuted (the NIP) you may hear nothing for months until you receive a letter summoning you to court. For more information on timelines see the Accused of Speeding - Advice and Info.
Once you've received your verbal NIP (if pulled over at the side of the road) if you have anything you want to say, make sure you say it. The officer has a duty to record your response. See our guide on "What To Do and Say At The Side Of The Road" for further reading on what to do and say.
There are many other legal minimums and deadlines. By using a legal team such as ours as early as possible, you will be ensuring that if a legal minimum is missed by the prosecution that you a) notice it and b) apply to have the entire case against you dropped.
Two officers can accuse you of speeding with absolutely nothing to corroborate their "expert opinions" other than each other. In court you would then need to prove yourself innocent.
Normally you are "Innocent Until Proven Guilty" but with motoring offences the onus is on you to prove yourself innocent rather than the prosecution proving you are guilty. If you cannot prove your innocence you'll always be found guilty. Unfair? You Bet! It may be lawful...but it's not 'right'.
Unfortunately, the ONLY thing you can do is lawyer up. A strong legal team will ensure any conviction (if one is made at all) is at minimum a fair and 'right' conviction.
MOJ figures from 2006 (the latest figures available) show that 79% of people who defended themselves in road traffic cases still got convicted. Our lawyers achieve over 95% success rate based on thousands of cases over the last few years.
The reason self representation is rarely successful is down to skill. The novice simply does not have the necessary skills and knowledge to present a compelling case, even if the point you are trying to make is a valid one.
Additionally, many people who self represent choose to put forward arguments that have no legal foundation to them, so when they do try to make a valid point the court is already tired of listening to them.
Remember, the prosecution do their job day in and day out. They are full time and experts in convicting people.
The other dangerous game people sometimes play are using downloadable letters which “guarantee” to “get you off”. DO NOT USE THESE! The police and the prosecution can recognise these letters a mile off, and usually respond by convicting to the maximum sentence. Those letters are dangerous and our legal team often get customers who have attempted to use them and need professional help to get out off the hot water they landed themselves in.
Wherever you get a human you'll get an error. Errors can mean anything from casting doubt on the police evidence to getting the entire case against you dismissed. Broad categories of where errors are commonly made include:
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Failures in police procedure (ACPO guidelines) |
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Manufacturer guidelines |
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Faulty equipment (calibration checks) |
|
Department for Transport regarding site selection criteria |
|
UK Law regarding the prosecution process |
In short you need to be able to afford to lawyer up - Licence Shield provides you with UNLIMITED lawyers from just £39.99 a year!
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