Here are the THREE possible ways to have a Speeding Ticket overturned :

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1 The Only Three Ways To Get Your Speeding Ticket Overturned From Adam Blair, Founder, DriveProtect, Talex, BTST Introduction Welcome to the DriveProtect, Talex and BTST (aka Beat The Speed Trap) Family. You ve made a wise decision if you ve only just joined. With over 90,000 Members at the time of writing, we ve got a combined knowledge and experience of how to defend yourself against unjust or questionable speeding fines that goes way beyond any other organisation in the UK. It s our goal to assist you in never getting another Speeding Ticket, but if you do, we ll be here to help you get off by using legal avenues that until recently were only available to people who could afford expensive top quality lawyers. So let s dive straight in. Here are the THREE possible ways to have a Speeding Ticket overturned : 1) Uncover Procedural Errors When The Ticket Was Issued 2) Cast Doubt That The Offence Actually Happened 3) Cast Doubt On Who Was Driving/Riding At The Time Of The Alleged Offence Here s the quick fire summary of how to do it for each way:

2 Way #1 - Uncover Procedural Errors When The Ticket Was Issued This is the easiest way of having a ticket overturned. If a procedural error has occurred then the ticket must be overturned at the initial appeal stage. There a number of common procedural errors that the camera partnerships make such as the NIP (Notice of Intended Prosecution) not being delivered (note: not sent but delivered) within 14 days of the alleged offence, or a summons is not issued within 6 months of the alleged offence, usually because letters are still going back and forwards, and the cut-off date for the maximum allowed time is missed. Our Lawyers check all this stuff for you if you are a DriveProtect Member, and get the ticket overturned if applicable. Some of our Members have had a nice surprise when they were expecting to have to challenge their ticket at Court, but got a letter from the camera partnership saying that on this occasion they would not be pursuing the ticket! Here s a few of examples (personal information blanked out):

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7 Way #2 - Cast Doubt That The Offence Actually Happened There are two ways to cast doubt on whether the offence actually happened or not: i) To show the equipment used to measure your speed could have been faulty and over-reading; ii) To shown the vehicle pictured may not be yours (a cloned car for example). If credible doubt is placed on whether the offence actually happened (using the above examples) then a Judge or Magistrate must find you not guilty (or the ticket should be overturned by the camera partnership before ever reaching Court). Our first port of call is the Safety Camera Partnership. If we have not been able to get the ticket cancelled on the grounds of procedural error -- see Way #1 -- then we request various details from the Camera Partnership to check that the equipment used to catch you was properly calibrated according to the manufacturers guidelines. It s surprising how often it s not. We also sometimes arrange a site visit to see if the road furniture -- signs etc -- are all compliant with government guidelines. Again, you may be surprised how often they aren t... If your ticket doesn t get overturned by the camera partnership (i.e. at the first stage) then the next step is taking it to Court. In reality, Magistrates are harder than Judges to get a not guilty from because judges are legally trained and look at the factual evidence, whereas magistrates are not legally trained (seriously!) and tend to convict based on their gut feeling about whether you are telling the truth or not. Ask any lawyer if you find this hard to believe! Sometimes you are lucky and get a District Judge at your hearing. So long as you legal team have prepared a strong case and you have good (i.e. persuasive, forthright and legally trained) representation then your chances are really good. Other times you will be less lucky and get a Magistrate panel, in which case the success rate is less, but still decent. The good news is that you can appeal a Magistrates decision and have the appeal heard by a District Judge. These appeals often win because a Magistrate has convicted based on their belief about whether you are telling the truth or not, but at the appeal the District Judge overturns it based on points of law and the evidence that is presented. Way #3 - Cast Doubt On Who Was Driving/Riding At The Time Of The Alleged Offence Historically, this was easy. You simply wrote something to the effect of: Dear Speed Camera Partnership, I do not know who was driving at the time of the alleged offence.

8 I acknowledge my responsibilities under section 172 of the Road Traffic Act 1988, and as is required by subsection 172(4), I believe that I have done as much as I possibly can to identify the driver. However I have not been able to do so, having exercised reasonable diligence as is legally required of me. Yours sincerely, Fred Bloggs HOWEVER, this approach doesn t work any more! So now you have to be much more meticulous. There are essentially two situations where the I don t know who was driving argument works. Needless to say, you should only use the argument if you genuinely don t know who was driving. i) If the cars registered keeper is a company (whether a registered company or just a trading name there is no requirement for the registered keeper to be a legal entity i.e. a person or a registered company); ii) If your spouse (husband or wife) was potentially driving. If the car is registered to a company (it can just be a trading name or brand name) then this is the most common way that people are able to use this loophole. You must make sure that you do three things: 1) put a notebook and pen in the glovebox of the vehicle so that anyone who drives it can register when they are driving it; 2) circulate a memo to whoever could drive the vehicle to ask them to write down in the notebook the dates and times when they drive it; 3) make sure you get a statement from everyone who could drive the vehicle that they are actually insured to drive it. Note: The people who could drive it do not necessarily have to be employees. They could be a partner or associate in your venture. Also, your company can be quite informal. If you trade a few goods on ebay, for example, then you are in business! The other situation, when it is your spouse who could have been driving, does not require you to keep a log of who was driving and, crucially, a Man and Wife can not testify against each other unless it relates to a domestic crime. So that s it. The three possible ways to have a Speeding Fine overturned by the Speed Camera Partnership who issued it, or at Court. If you would like to become a Member of DriveProtect then you can join us at: Or call our Membership Team (Maria, Ella and Naomi) on (they are usually there between 11am and 7pm out of hours it goes to our callcentre). All the best, Adam

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