I have since been offered a speed awareness course as an alternative to prosecution. However, my mates reckon I should defend the case because we think the camera van was parked illegally on the footpath. What do you reckon?
Answer
Firstly, at that speed the likely punishment if you plead guilty or are found guilty at Court would be a penalty points endorsement of 4-6 points and a maximum fine of £1000, in addition to Court costs. Further, for offences where a fine forms part of the punishment, you would usually be required by the Court to pay a Victim’s Surcharge of £15. Alternatively to points you could be disqualified for up to 28 days.
Secondly, there is no legal defence to speeding simply if the camera van was parked illegally. By all means you are entitled to challenge the prosecution to provide the evidence that they say substantiates any offence, but if they have their evidence in order you could be stumped.
As such, unless you are up for a gamble, because you know you were speeding my advice would be to strongly consider accepting the speed awareness course as you will avoid points on your licence, which is to your advantage.
Andrew Prendergast
Motorcycle Monthly June 2014
