Speeding Fines - How You Can Contest Them
Speeding Fines - How You Can Contest Them
There is no one that enjoys getting a speeding ticket or dealing with the speeding fines that come from them. It’s also all to easy to speed around without realizing it, and the next thing you know you have a ticket with a fine you have to pay. Of course there may be some times when you feel that you received a fine that you really didn’t deserve. In this case you may be wondering if there is anything that you can do to contest the ticket and the fine that you received. Well, there is. You can contest speeding fines, but you need to know how to do this the correct way if you want to have any luck.
Start Out with Section 172
First of all, if you are planning to contest speeding fines, make sure that you send back that section 172 document. You have to do this in 28 days or less. Even if you don’t feel like you were guilty and you don’t think you really were speeding, you still have to fill this out and send in your name, saying that you were the one that was driving. This will give you the basis to get started with your defense when contesting the fine that you were given.
Possible Defenses to Use
When you are trying to beat speeding fines and the charges that come along with them, there are several defenses that you can use that will be acceptable. Here are the defenses that you can use:
- Defense #1 - You Didn’t Speed - This means that you don’t believe you were speeding at all and you think that there may have been an equipment failure or some other mistake that has led to you being charged with speeding.
- Defense #2 - You Were Not the One Driving - In some cases it may have been your car that was caught speeding. However, you may not have been the one who was driving that vehicle. This can be a good defense to try to avoid a ticket and a fine.
- Defense #3 - Your Vehicle was Misidentified - With all the technology that is used these days, such as the speed cameras, it is possible for mistakes to occur. In some cases the vehicle that was actually speeding may not have been yours. You can argue that the vehicle was misidentified and you were not the one breaking the law.
- Defense #4 - No Notice of Speed - Another defense that is acceptable is to claim there was not a notice of the speed limit. A sign may have been knocked down or there may not be an appropriate sign in the area. This is a good defense that many help you to avoid speeding fines.
Contesting a Simple Fine
If you are merely contesting a simple speeding fine, then it is usually quite easy for you to go through this process. Here are the steps to follow in this case.
First of all you should make sure you return your section 172 notice within the allotted time after receiving the NIP (Notice of Intended Prosecution). This should give the details asked for about who was driving when the offense occurred.
In some cases, you may get a Conditional Offer of Fixed Penalty. If this occurs, you should get it fairly quickly after sending in the section 172 paperwork. In some cases there is no way to appeal these conditional offers. However, you may be able to write to them and let them know why you don’t think you should be getting this fine.
If there is not an informal way to appeal the speeding fine, or your informal appeal is rejected, you will have two choices. You can either go ahead and pay those speeding fines, or you can go on to contest the fine formally. If you want to do this, you’ll have to request a hearing in court. You can do this by filling out the correct area of your Fixed Penalty Notice. Once this is done you should get summoned to court, but it is a good idea to get some legal advice before you show up in court.
Contesting the Fine in Court
Speaking of contesting the speeding fines in court; there is a particular way that this should be done as well. Here are some helpful steps to follow in this case.
The very first thing to do if you plan on contesting your speeding fines in court is to see a good legal professional. Look for someone that has experience in the law regarding motor vehicles. They can help you come up with a good defense and let you know what is likely to occur in court.
When you get the summons to court, you will also get a Plea and Mitigation form. This has to be filled out and you must send it in before appearing in court. You can either plead that you are guilty with circumstances that are mitigating or you can plea that you are not guilty.
It is possible for you to get the evidence available from the prosecution and the police. This may be helpful if you think there was a mistake made, you believe your vehicle was misidentified, or you just aren’t sure who was driving the car on that day.
Once you get to the trail, each part of the offence must be proven by the prosecution. This will include that you were driving, and that you were speeding as well. You can base your defense around these things. If you do end up being found guilty, remember that the speeding fines and points against you may be even higher. So, unless you have a good case, it may not be a good idea to try to contest speeding fines in court.
