LTI 20 20 speeding, Dundee JP Court, October 2016
Our client faced an LTI 20 20 speeding charge at Dundee JP Court. As a self-employed engineer with 9 live points on his driving licence there was a huge amount at stake. Our client had previously visited road traffic law websites but thought “what can they actually do?” However, faced with no alternative other than to fight the case or face a 6-month disqualification, he contacted us.
On review of his file, we identified a number of potential defences. In particular we spotted a flaw with the Notice of Intended Prosecution (NIP). The police officer who reviewed the case felt that all was in order. However buried deep in the disclosure was a snippet of information that the original NIP had been sent to an address which did not exist. A second NIP was thereafter sent to the correct address. However that NIP was sent more than 14 days after the alleged offence. The law states that the first NIP must be sent to the registered keeper within 14 days of the incident.
The law, however, also places the burden on the defence to prove that the NIP requirements are not met. That would have involved our client giving evidence, which is something that we always prefer to avoid if possible. Fortunately an LTI 20 20 speeding charge will often involve the use of a camera in addition the the LTI 20 20 laser gun. This can provide additional avenues of defence. We were able to exploit one of these, key Crown evidence was ruled inadmissible and our client was found Not Guilty as a result.
If you are sent an NIP, it is important to realise that you have a legal duty to respond within the prescribed timeframe. It is, however, always a good idea to speak to a lawyer first.