speeding tickets
How to Contest a Speeding Ticket Correctly
If you have been the recipient of a speeding ticket, either through the mail or in person, you must make the decision of whether you want to contest it or pay it. The one thing you must remember is you must complete the section 172 Notice and return it within 28 days. This applies even if you think or know you were not speeding. The notice must be returned with your name.
The defences to speeding tickets are several and if you are planning on contesting your ticket, you should know which ones are acceptable. The reasons for disputing a ticket would be that you were not speeding, you believe the car that was photographed is not your car, you were not driving when the photograph was taken and there were no signs posted declaring the speed limit. There may be other extenuating circumstances that you may use for contesting a speeding ticket.
The best way to contest your ticket is to follow the proper procedures. As we have said, return your section 172 notice when you receive it with all the information. After you do this, there are occasions when the police will send a Conditional Offer of a Fixed Penalty. This usually happens soon after they receive your section 172.
The system for appeals is not set up as an official system but there are circumstances when they will accept a letter asking for an appeal of the ticket. For instance, if your car was stolen at the time the photograph was taken and you have reported it, they will listen to why you believe you should not have to pay the speeding ticket.
Since all police departments do not have an informal way to appeal an erroneous ticket, you may have to file a formal appeal or pay the ticket. The way you do this is by requesting a court hearing. The Fixed Penalty Notice has a place where you can do this. You may want to consult a lawyer before doing this to see if he thinks you have a good chance of winning.
If you choose to challenge the speeding ticket and it goes to trial, the prosecution will have to prove to the magistrate that when the photo was taken you were driving the car. They will also have to prove that the speed your car was going was over the limit for the road on which you were driving. This is one reason for choosing a lawyer. They know what to expect and can prepare the best defence if you are challenging a speeding ticket.
Be prepared that if you are determined to be guilty of the offence, the fine will be higher than the one that you received on the Fixed Penalty Notice and the penalty points will be a greater number.
The magistrate who hears your case has the authority to fine you up to £1,000 (if you were on a motorway when the photo was taken it can be £2,500), the loss of your driving privileges if you were driving more than 30 mph over the legal limit and adding between three and six point against your licence. Thinking on the positive side if he finds you are not guilty you will leave and that will be the end of the speeding ticket. If your offence is not serious enough to lose your licence over, the court may allow you to plead by post if your plea is going to be guilty with mitigating circumstances.
The statement of mitigation you submit will be the reasons that you were speeding and why you feel you should not have a severe punishment. It is worth a try because it is possible this could have a bearing on the judge imposing a penalty that is not quite as harsh as it may have been. If you are pleading not guilty you will be asked if you have witnesses and then your case will be set for trial.
A new date for the hearing will be set and you will need to come show the reasons why you are not guilty. The option of not going to the first hearing is yours because this is mainly to set the second hearing. Sometimes these hearings are allowed to operate via the post.
