Home > Ask Our Experts > Speeding Ticket: How Can I Prove I Wasn't Driving?

Speeding Ticket: How Can I Prove I Wasn't Driving?

By: Sally Aquire - Updated: 10 Jun 2017 | comments*Discuss
 
Speeding Ticket Speeding Fine Speeding

Q.I am a driving instructor and received a speeding ticket. I filled in the forms and stated who the pupil was when the offence took place. Now the pupil is saying it was not him driving and his father sent a letter to the police stating that to the best of his knowledge he did not have a lesson then. Police came and checked my diary and I told them he did have a lesson and has failed his driving tests for speeding and also owes me monies, also on the lesson the pupil asked if he could drop his friend off, which we did. The photo does not show the driver but you can see two persons in the car. What happens next?

(Ms ca gosbee, 8 September 2008)

A.

Proving that you were not driving at the time of the offence can be difficult and frustrating, especially when it is a case of your word against someone else's. There are a few ways that you can help your case though.

Although in this case the photograph from the speed camera does not automatically help you to prove that you were not driving at the time, the fact that it shows more than one person backs up your story (as does the fact that your pupil has previously failed driving tests for speed-related offences). However, it is still very hard to prove that you were not the driver. To further complicate matters, the police will often find it easier to continuously pursue the vehicle's registered owner to get them to pay the speeding fine, rather than track down anyone else.

Technically, it is the responsibility of the prosecution to prove that you were definitely driving the car at the time of the speeding offence. As long as you were genuinely were not the driver, you can stand firm and not be bullied into accepting a £60 fine and penalty points for an offence that you did not commit. Unfortunately, magistrates will often just assume that the police were correct.

If you choose to go to court, seek advice from a legal expert who specialises in motoring law. Before the hearing, you can request to see evidence from the police and prosecutor, which your legal team can look at to prepare your defence. At the hearing, the prosecution will be looking to emphasise that you were definitely driving the car at the time of the offence but they must be able to prove this.

However, it's worth bearing in mind that if you cannot persuade the real driver to come forward and admit that he was driving the car at the time of the speeding offence (or you are found guilty at a court hearing), you may eventually be forced to pay a fine of up to £1000 (£2,500 if the speeding offence happened on the motorway) and clock up three to six penalty points to end the matter, as it is unlikely to be brushed under the carpet and forgotten about. Depending on the details of the offence, you could also potentially be disqualified from driving for a set period. Because of this, it is probably worth contacting a lawyer that handles cases in this field to see if they will take on your case on a no-win no-fee basis.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
deaf as a post - Your Question:
I have received speeding ticket but the car was parked on the drive at the time! It didn't move all day, how can I prove it wasn't my car?

Our Response:
Do you have any evidence that you were elsewhere at the time of the offence, such as shopping receipts, work computer times etc? Is there CCTV in the vicinity of your home? Does your car have any journey logging information etc? Any of these things mightbe acceptable as evidence.
DrivingExpert - 13-Jun-17 @ 11:47 AM
I have received speeding ticket but the car was parked on the drive at the time!It didn't move all day, how can I prove it wasn't my car?
deaf as a post - 10-Jun-17 @ 12:18 PM
Momo12 - Your Question:
Someone has some how got hold of my details and registered me on their car as driving. I do not own the car or know who's car it is or was. I have been sent a fine and now I don't know what to do about this. It was caught on a speed Camera. How can I go about this

Our Response:
Just send a letter back saying you do not own the car, or know that person and have never driven that vehicle.
DrivingExpert - 31-Mar-17 @ 10:05 AM
Someone has some how got hold of my details and registered me on their car as driving. I do not own the car or know who's car it is or was. I have been sent a fine and now I don't know what to do about this. It was caught on a speed Camera. How can I go about this
Momo12 - 29-Mar-17 @ 10:09 PM
My old golf car engine went so I so D to a friend.they asked me to sign logbook and they'd send it off.They never did and six ,omonths later I got penalty points and got in contact with these.they said they lost logbook and they'd sort it out.then another letter came with court details.these people have since sold the car and are happy to go to court to admit they were driving.
Harry - 26-Sep-16 @ 9:15 PM
Shah - Your Question:
HiI received speeding ticket ,statating that car was driving 37MPH in 30 MPH zone and they can prove it by technically and by photographs Police is asking me to provide details of driver at the time My question is that the driver at time was my wife friend who she came from Poland and she is Happy to give her details How can I prove that ?Can I ask for photographs or just put her name and poland address and send to them ?Thanks

Our Response:
You can ask for photo evidence is you are not sure who was driving at the time. If the photos are not clear, you have to give all the names and contact details of anyone who could have been driving at the time.
DrivingExpert - 5-Feb-16 @ 11:21 AM
Hi I received speeding ticket ,statating that car was driving 37MPH in 30 MPH zone and they can prove it by technicallyand by photographs Police is asking me to provide details of driver at the time My question is that the driver at time was my wife friend who she came from Poland and she is Happy to give her details How can I prove that ? Can I ask for photographs or just put her name and poland address and send to them ? Thanks
Shah - 4-Feb-16 @ 12:57 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Topics
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the DrivingExpert website. Please read our Disclaimer.