I went for an overtake and, in all honesty, I was doing about 45mph in a 30mph when I spotted a speed camera van parked up in a well sketchy position on the side of the road.
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? Some people online have been mentioning the ACPO guidelines and that, as they have been breached, I have a cast-iron defence.
Answer
Firstly, if you have been caught doing that speed, I am very surprised you have been offered a speed awareness course. (I wonder if you have gotten lucky due to someone’s mistake?)
In any event, 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 £85. Alternatively, you could be disqualified for up to 28 days.
As for ACPO, it stood for the ‘Association of Chief Police Officers’. This often gets quoted online by ‘experts’. However, it has not existed since 2015 so anything ACPO may or may not have said back in the day is now irrelevant.
Further, any ‘guidelines’ they issued were exactly that, ‘guidelines’. To be clear, there is no legal defence to speeding simply because 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. However, if they have their evidence in order you Will be stumped.
As such, unless you are up for a big 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 ‘Chef’ Prendergast
Motorcycle Sport & Leisure – May 2024
