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

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?

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.

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