Speeding ticket verses Tachograph!

[flump1]

Hi , my husband has been sent a letter telling him that a Police force intend to prosecute him for a speeding offence. While he was in the area at the time of the alledged offence his tacho reads a very different story, indeed he was well below the limit. He is usually a very careful speed consious driver so I was surprised when he recieved this letter. He has returned the letter saying he would like the chance to go to court to prove his innocence, however the courts are not accepting tacho's as defence evidence. Anyone have any suggestions where he stands?

[Grunty]

Spend a few pounds on getting advice from a solicitor.  The tacho is much more likely to be accurate and can be examined under a microscope if necessary.  Some years ago, a lorry driver was accused of an offence involving a child.  He was able to prove with his tacho that he was in a different town at the time.  That was acceptable in court (sorry, I don't have the case reference).  Let your solicitor decide what evidence to put forward, and above all, keep the tacho disc very safe, together with any evidence of the times of his arrivals & departures that day.  Don't delay in case the tacho unit itself needs to be examined.  Also, don't forget the case of the Suffolk bus driver who received a speeding ticket for 81 m.p.h. He got off because his tacho proved that his actual speed was 29 mph.  The man's name was Trevor Martin of Ipswich.  The camera was on the A140 at Earl Stonham and it happened in January 2005.  The official explanation was 'technical and human error'.

[Grunty]

One more thing that I forgot.  Instead of just opting for a court appearance, it is worth sending a letter explaining exactly why you think the camera is wrong (Don't send the tacho disc - they won't do anything dishonest but they might lose it).  If they investigate and find they are wrong, they might drop the matter at that stage. 

[flump1]

Cheers Grunty appreciate your advice off to get a solicitor now.

mdoo98  thanks for that too. I will ask for that information.

[jake-the-peg]

Sounds like this case:

http://www.burtonmail.co.uk/detail.asp?cat=General%20News&id=5354285

Unfortunately the CPS dropped this case rather than press it and loose and risk setting a precident that you could have used.

I would suggest you politely but firmly press your case with the CPS. I wouldn't be at all surprised if they drop it 10 minutes before you're due in court.

[sddsddean]

There has been a case in the national press this week. A guy was done for 48mph on the A420 between Oxford and Swindon, but his tacho showed that he had been consistently driving at 38 to 42 mph. The brief said to the magistrate that as the Police used tachos as evidence for prosecution, a driver must be able to use it for defence (although the Police/CPS said it was not accurate enough and inadmissable, though they could stil;l use they as sole prosecution evidence [Is that Irish or what?!]). The magistrate concurred with the brief and the speeding charge was thrown out. If you can find this recent case, you should be able to cite it and appeal against the prosecution for exactly the same reasons.

[flump1]

Thanks jake-the-peg have a solicitor now so hopefully will be sorted.

sddsddean, I think it was that article I have seen recently ,or one similar than got me fllommaxed in the first place. Thankfully I have my tacho I hope it helps!