Get Out of That Speeding Ticket and Fine

By: John Winkler

Look at these examples of how you can get off speeding fines. They all have a common link. You must find some technical fault with what the traffic authorities and the police have done in bringing the prosecution. That happens more often than people think.

A supervisor for the camera enforcement unit, told the court he wasn't certain when the signs went on display in a new speed limit area. He said: "It would have helped everybody greatly if signs had been placed in all the approach roads to show the change of speed limit." The driver got off.

The signs had a black border around a speed camera logo which infringed the Road Traffic Regulation Act. The driver got off.

"The speed had been reduced from a 40mph to a 30mph but only one sign post was present, it was on the right hand side of the road, and it wasn't illuminated. Thus at night it was almost invisible" The driver got off.



"The most valuable piece of evidence I had in court was a photograph of the scene with the "missing" sign post"

It was shown that the form had been signed by a clerk who had not been authorised to sign forms on behalf of the Chief Constable. Case not proceeded with.

A speed camera was set to 30mph, yet there are no 30mph signs upon entering the village. The police alleged that the presence of street lighting indicated a 30mph limit.

In a temporary 40mph speed limit not only were the speed limit signs deficient, but the highway authority had made mistakes in making the temporary traffic regulation orders. The drivers all got off.

The authorities had to refund thousands of fines after a judge discovered the police had been printing a signature on forms rather than getting an officer to check and sign each one. The signature had been scanned and added by computer

Where most cameras are situated.

The Yellow cameras

Most of them are on Main Roads going in to towns. Many are placed near schools. In the UK you get plenty of warning signs - a camera drawn on a white background. Officially, speed cameras are designed to slow the traffic, and not to catch people out.

Variable limit cameras

On Motorways, the big ring roads around some cities often have Variable Speed limits imposed when there is heavy traffic. It is vital not to exceed the speed limits flashed on the bridges which can change minute by minute.

Average speed cameras

Very nasty cameras record the average speed between two points several miles apart. These are commonly used on the outside fastest lane of long-standing roadworks on motorways. It is very easy indeed to slightly exceed the limit over the distance and be caught. What is not widely known is that at the time of writing, such cameras only record the speed across one carriageway, either the nearside lane or the outside lane. If you think you been caught by the first camera, and cannot realistically slow down sufficiently - there may be no parking places - then you could try switching to a different lane to exit. Best to travel on the inside, usually slower lane, all the time in roadworks.

Laser gun cameras

These are operated by specialist police units and are moved around to strategic points, either on motorway bridges, or, more commonly on roads on the outskirts of towns or in villages. They may be only place only for a couple of hours, before being moved on. A parish council, for example, may kick up a fuss about local speeding and the Police will send a laser team at regular intervals to the spot.

Police cars.

Police cars can record your speed from in front of you as well as behind and they use video cameras to do so. Again, they are anxious not to be the cause of any accident if you stop suddenly, so you may find that it is easier to catch you speeding on an empty motorway at 1.00am, than it is during the rush hour.

Speed signs

There are often flaws in the traffic order setting the speed limits and your solicitor may be able to get you off on a technicality. If speed signs are obscured by foliage or if, at the start of a restriction area there is not a sign placed on either side of the road then this may get you off if you can prove it with photos. Take a digital camera in your car.

A few tips if stopped by traffic police.

They teel you not to argue with any policeman who stops you, but you must not admit the offence even if guilty. Any admission, however slight, and you are lost in Court. Just say your solicitor advises you always to say nothing until he is present.

If you upset them by vigorous argument, they could look round your vehicle and check your tyres, or brakes. If your tyres are poor, you could get another three points. For each tyre. This 12 points loses your licence on its own. Don't upset the police.

On the other hand if the policeman is on his own, and particularly if he is not a specialised traffic policeman, then I have always found it better to get out of the car, hold up my hands and say something like "That was the worst driving I've done in years Officer" A senior police officer friend of mine has the same view. It is a judgement call.

How your solicitor may get you off

Your defence may lie in finding something wrong with the police procedure or with the local authorities not signing the roads properly. Thousands of motorists have paid fines without challenge, when they might even be due to get their money - and their points, back. Many mistakes are made by the authorities, or by the police. A bit of effort on your part and you might get off.

If you can, keep a digital camera in the car with you, stop the car or go back to the site and photograph the speed signs, distances between them, distance markings in the road, and obstructions. You've got to give your solicitor all the help you can. You can ask for copies of the photographs they have taken, but this may be resisted unless you plead not guilty. A solicitor is needed really, but you need to find a specialist in this law. He or she can request copies of the traffic orders to see if the restrictions were legally imposed. Use the AA or RAC legal service to find you a specialist.

Good luck. You could always try staying within the speed limit.

John Winkler www.bayviewkentallen.co.uk/touringscotland.html
www.holidayhomewebsupport.blogspot.com

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