Speeding, Falkirk, 27 July 2017, Not Guilty
This case called for trial on 27 July at Falkirk Justice of the Peace Court.
It was a particularly serious speeding matter as the alleged speed was 110mph on a motorcycle and there was video evidence of the incident. Our client was a recent widower who stated to us that his only escape was getting out on his bike with his friends. His driving licence meant a great deal to him. The problem was that, while speeding in Scotland carries a wide range of penalties, a speed of 110mph in a 70mph limit carries an almost inevitable disqualification of significant length.
In all the circumstances we considered it expedient to manage the risk in this case by offering a plea to a reduced speed which would have saved our client’s licence – his main aim. We made what we felt was a fair offer to the Procurator Fiscal but it was refused and we therefore had no choice other than to proceed to trial.
Fortunately we had an ace up our sleeve. Key documentary evidence was ruled inadmissible and then, following further legal arguments, our client was found Not Guilty.
This case was prepared and defended by Steven Farmer on 27 July 2017. Sometimes in a speeding case the smart play is to enter into plea negotiations even if you think you have a winning hand. This was one such case. The Crown was offered a fair plea and chose to rebuff it. They preferred to go to trial with us. And lost.