Caught Speeding? Defence Arguments in Scottish Law!
There are many misconceptions about Scottish Law and in particular the Road Traffic Laws of Scotland applicable to speeding offences. Many assume that there is no argument against an accusation due to the evidence produced by police e.g. the readings given by the speed radar gun used. Many people accept the offence and its carried charges as they feel ill equipped to dispute the charges. However these offences can often be successfully challenged.
Could a Road Traffic Lawyer Have Your Charges Dropped?
The Notice of Intended Prosecution (N.I.P.) is the indicator that the Procurator Fiscals Office is initiating proceedings against you for your alleged crime. This must be posted within 14 days of the offence. If it is not received within this period and the prosecution carries out proceeding then it is imperative to seek advice from a lawyer/solicitor specialising in Road Traffic Offences, who can raise a suitable objection on your behalf.
In Scottish Law it is important to note that it is up to the prosecution to prove beyond reasonable doubt that you were the driver of the motor vehicle; that you were on a public road and that you were exceeding the speed limit at the time. Often defence arguments can be made by a road traffic lawyer of Scotland who can dispute these ‘alleged facts’ as well as possibly argue a defence if there were any irregularities with the police procedures used.
Why Should You Contact a Specialist Road Traffic Solicitor?
It may be in your best interest to speak to a road traffic solicitor from Scotland immediately as time can be vital for evidence gathering and also so they may begin to prepare any existing defences towards your case! The most common defence practiced by our road traffic lawyers is to dispute the reliability of the speed detection device used. They may raise the action that the device was not used in accordance with the ACPO codes of practice thus any evidence produced by the speed detection device readings should be treated as unreliable. The solicitor may also request a calibration certificate in order to ensure that the device used was, at the time, properly calibrated. If the certificate is expired then a good solicitor will create a defence argument regarding the reliability of the devices reading. This may be enough to have your case dropped!
Generalist Lawyers and Solicitors are very unlikely to have the experience and technical appreciation of what can be done to successfully defend you. I very strongly suggest that if you are faced with a speeding offence in Scotland and wish to know your options, then contact specialists in the field of Road Traffic Offences.
For more information on your options, simply click on the Link in the resource box below.