I have just received a summons for speeding on my Triumph Speed Triple in London. Apparently I was stopped by a constable in uniform, who gave me a producer, and reported me for speeding. The problem I have is that this never happened. I have a Speed Triple, I do live in a London suburb, but I was not stopped for speeding. What do I do?
Name Withheld, London
The prosecution must prove that you committed the offence. On the evidence they could prove that a Triumph Speed Triple, ridden by a white male was being ridden at a speed which the police officer thought was in excess of the speed limit, and he corroborated this with a secondary device, namely a laser speed reader, the LTi 2020.
Whilst there is a presumption in law that the registered keeper is the rider, it is a presumption which can be disproved. We could show that there was sufficient doubt that you were the rider to make the prosecution case fail.
The Police paperwork shows that a bike matching your bike’s description, and being ridden by a white male, with the correct number plate was stopped by a uniformed constable. As you are a white male, the person was either you, or someone pretending to be you.
We took control of this case, and just before going to press we got a final resolution.
As good luck had it we could show that the defendant was clocked in at work at the time of the alleged offence and his boss came up trumps, and confirmed this on oath in the witness box.
The police officer was also honest in the witness box and said that in the 11 months since the offence he had pulled over hundreds of motorists and had no recollection of who he had pulled over and did not pretend to recognise you. The CPS insisted on a trial, which they got, the prosecution was dismissed and your legal costs were paid out by the taxpayer: All in all a bit of a waste of everyone’s time as the CPS were told of the defence and your bosses corroboration. we are coming across more and more of these ‘cloned plate’ cases, especially in London.
Fast Bikes December 2009
Posted by Andrew Dalton. Last modified: March 26, 2018 at 11:22 am
Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.