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

By: Sally Aquire - Updated: 2 Dec 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.

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[Add a Comment]
jay - Your Question:
Hii have bough a car last week and driven just one day before it had an engine issue.then I took the car back to dealer, he took the car to mechanic for fixing.I have received a speed penalty today however at that time I was at work, I have more then 10 witness can say I was at work at same time the car being shown in camera, I am sure car was being driven by dealer, however I don't know his name and details. what can I do, I am feeling so bad and unlucky.if we go to court I can show many avidance that I wasn't driving but I don't want to spend time and energy for it.it should have any easy way to sort it out? has anyone got idea?thanks very much.

Our Response:
Complete the NIP and just put the dealer's details on the form as the party that was driving at the time. If there is space to include a note, explain your hours of work and the time the car was with the dealer.
DrivingExpert - 5-Dec-17 @ 9:39 AM
Hi i have bough a car last week and driven just one day before it had an engine issue.then i took the car back to dealer,he took the car to mechanic for fixing. I have received a speed penalty today however at that time i was at work, i have more then 10 witness can say i was at work at same time the car being shown in camera, i am sure car was being driven by dealer, however i don't know his name and details. what can i do, i am feeling so bad and unlucky...if we go to court i can show many avidance that i wasn't driving but i don't want to spend time and energy for it. it should have any easy way to sort it out? has anyone got idea? thanks very much...
jay - 2-Dec-17 @ 12:43 AM
Luke - Your Question:
My sister has received a speeding fine with photo evidence of the rear incl reg plate, she was on holiday at the time, it has caused a fall out as she believes I have drove the car but won’t own up to it even though I was in work during the time the car was flashed with emails to prove it, how Can I prove my innocence, could this be a scam or is there another explanation for this ? It’s a mystery, thanks ??

Our Response:
She should respond to the NIP saying she was on holiday at the time in question and nobody else was driving on that day. She should also give details of any other people who can drive her car legally. If you were in work, you'll have evidence if asked.
DrivingExpert - 29-Nov-17 @ 3:07 PM
My sister has received a speeding fine with photo evidence of the rear incl reg plate, she was on holiday at the time, it has caused a fall out as she believes i have drove the car but won’t own up to it even though I was in work during the time the car was flashed with emails to prove it, how Can I prove my innocence, could this be a scam or is there another explanation for this ? It’s a mystery, thanks ??
Luke - 26-Nov-17 @ 5:05 PM
B - Your Question:
Hi, my relative from Germany was caught driving my car at 35mph on a 30mph speed limit since the incident he has gone back to Germany. I have received a letter regarding the speeding, I have responded by stating that I was not the driver at the time however I have sent details of my relative but yet the police have stated that I have not provided enough evidence and that I should either plead guilty or go to court. At this point I have no choice but to plead guilty and again state the fact that I was not the driver. Any suggestions on what I should do?Thank you

Our Response:
Have you seen photo evidence? Does this make it clear that you were not driving? If so, it might be worth appealing. We suggest you check with a solicitor.
DrivingExpert - 25-Jul-17 @ 12:57 PM
Hi, my relative from Germany was caught driving my car at 35mph on a 30mph speed limit since the incident he has gone back to Germany. I have received a letter regarding the speeding, I have responded by stating that I was not the driver at the time however I have sent details of my relative but yet the police have stated that I have not provided enough evidence and that I should either plead guilty or go to court. At this point I have no choice but to plead guilty and again state the fact that I was not the driver. Any suggestions on what I should do? Thank you
B - 19-Jul-17 @ 11:05 AM
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
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