SPEEDING TICKET

You have rights if you're stopped for speeding. If you have a passenger ask them if they will join you in the patrol car so that they can act as your witness - don’t forget to ask them to take notes. The police officers can't stop them doing this, but they probably won’t like it!

Ensure that your explanation for your actions has been recorded. Don't just say you're "late for a meeting"!

Keep calm, be polite and take your time to think about what you're saying.

Never produce your driving licence at the road side. You only have to provide the officer with your name, address and occupation.

If you don't have a paper and pen ask to borrow one from the officer.

Don't forget that police officers are public servants and they have a basic duty to assist the public. Don't feel intimidated by them.

Ensure that you record the name and numbers of the officers concerned and the name of the inspector that they report to.

Get the officers to explain why they picked on you. Under the provisions of the Human Rights Act they will need a coherent explanation - "because you've got a red car" isn't good enough any more!

Ask to see the evidence and get them to explain how the equipment works and show you the markers that they used on or near the carriageway. Don't forget the patrol car's equipment will have been manually operated and there is room for human error.

Explain that you will need a copy of your traffic video for independent verification - although you shouldn't expect them to like that!

Ask what speed you are to be prosecuted for - if it isn't obvious.

If it's an unmarked car ask how fast they were going and whether that is allowed without warning lights - get them to explain their procedures to you. There's a great deal of difference between the law and police procedure and you need to understand that. For example, some Constabularies instruct their officers to perform a one mile "follow check" - under the law that isn't strictly necessary.

The law doesn't mention traffic videos either but according to Chief Inspector Peter Fouweather, who is in charge of Gwent Constabulary's Traffic Department, their traffic procedures state that if the ProVida video recording equipment is installed in the patrol car and the Traffic Officer is qualified to use the equipment then it must be recording whenever the vehicle is being driven. This was the position on the 6th August 2001.

What you can say and do if you are cautioned....
The following words immediately after the caution - (note: you must say them precisely, so print them out and keep them in your car):

The Caution
"You do not have to say anything but it may harm your defence if you do not mention now something you later rely on in court. Anything you do say may be given in evidence"

Your Response
“I do not recognise the significance of those words and I would like to exercise my legal right to refer to PACE – The Police and Criminal Evidence Act”.

This will cause two things to happen:
They will have to hand you a copy of PACE, which is a very thick and complex document. Then you can sit in the back of the patrol car and read it for as long as you like and they can’t continue until you have finished. They will probably treat you with great deal more respect.

NOTE:
Not many patrol cars actually carry a copy of PACE so the first thing they will probably have to do is radio to the station and ask someone to bring them a copy!

If a verbal warning is given at the time, it must be shown that the defendant understood it (Gibson v Dalton [1980]). Proof that they understood the charge will lie with the prosecution. (Source: Pepipoo)

A motorist who says it cost him £300 to attend a speed awareness course, only to have his speeding ticket then cancelled, wants his money back. Dave Charlton, from Northumberland, was one of 3,000 drivers to have their tickets scrapped near Bangor, Gwynedd. He said he was now out of pocket for an offence he had not committed. The Arrive Alive Partnership, which runs speed cameras in north Wales, said it was dealing with the case, and was confident it would be sorted out soon.

A regular visitor to north Wales, Mr Charlton was travelling along the A5 in December 2006 at Maesgeirchen, when his wife spotted a speed camera van. The supply teacher says he looked at the speedometer, and claims it showed he was travelling at 30-31 mph. However, a few weeks later he received a notice of intended prosecution for travelling at 35 mph in a 30 mph zone. Mr Charlton said he agreed to take a speed awareness course to avoid getting points on his licence, as he drives minibuses in his teaching job.

He said he asked to take the course near his home, but was told he had to do it in north Wales. After taking a day off work and travelling almost 400 miles to take the course, Mr Charlton received a letter saying his ticket had been cancelled. Gwynedd Council had not done the paperwork properly to allow a new 30 mph limit to be enforced on the stretch of road. Mr Charlton admitted the course had been enjoyable, but said he had taken a lot of time and effort attending it.

He has written to North Wales Police and Gwynedd Council asking for his money back. He said, "I thought, I've done all this for something I shouldn't have had to do, it's cost me probably around £300 with loss of wages, travelling costs, course fee, admin fee. I'm out of pocket for an offence I did not commit, basically because someone couldn't do their job properly." (Source: BBC News, Oct/07)