Speeding, Dunfermline, 21 March 2017, Not Guilty
This speeding case called for trial at Dunfermline Justice of the Peace court. It was another case of a client on 9 points and, on paper, there appeared no hope.
Our client had been caught allegedly speeding by a mobile camera van unit utilising a laser gun called LTI 20.20 Ultralyte 1000. The gun is linked to a camera and operated by a trained police civilian. The entire episode is therefore captured on camera and the Crown has video evidence to back up the evidence of the operator.
Case closed? Not quite.
In this case the Crown sought to rely on stills taken from the video rather than the video itself. We objected to this evidence on the grounds of fairness. This objection was upheld by the court. This speeding case collapsed as a result and our client was found Not Guilty.
The case was won on two basic principles which apply to all aspects of criminal law, not just road traffic law. These are the principles of best evidence and corroboration. The best evidence rule is basically that – if better evidence is available – lesser evidence can be excluded. The principle of corroboration requires that the Crown has two sources of evidence that a crime was committed. Once the video evidence was excluded as a result of the best evidence rule, the Crown could no longer corroborate the alleged offence.
This case was prepared and defended by Steven Farmer. These kinds of defences are often called “loopholes” in the law. We do not see them that way. Rather we see them as examples of the law being applied correctly. Our commitment to them is one of the reasons we win so many “unwinnable” speeding case and to maintain our ranking as the no1 rated UK road traffic law firm on TrustPilot.