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Speeding, Dumfries JP Court, 22 July 2015

Our client was charged with speeding at speeds of up to 104mph for 3.2 miles. He was also charged – and prior to our involvement had pleaded Guilty to – with using his vehicle in a dangerous condition as one of his passengers was unsecured in the boot area of the car (having lowered his seat to allow him to stretch out his injured leg).

Our client had been initially measured at 94mph using a Unipar laser gun but the police subsequently followed him and claimed that their speedometer intimated that our client was travelling at 104mph. Our client accepted that he was driving at 94mph but denied driving at 104mph.

While represented by a different solicitor, a plea was offered to the Crown of Guilty to speeding at 94mph. This was refused by the Crown and our client was advised by his previous solicitor that there was no point going to trial as the Crown would be able to prove the case against him. Deeply unhappy with this, our client left that solicitor and contacted us. Our investigations provided evidence that (a) it was unlikely that our client’s car could achieve a speed of 104mph and (b) that a half-mile stretch of road used to test the accuracy of the police speedometer was itself inaccurate.

We presented this evidence to the Crown and a plea to speeding at 94mph was accepted in all the circumstances of the case. Instead of an almost certain disqualification, our client received 3 penalty points as the court agreed with our submission that this 10mph differential ‘made the world of difference to the offence’.