Free Traffic Legal Advice

Hello all,

I would be grateful for some advice on my situation. I have received a Single Justice Procedure notice for a motoring offence and have submitted my plea, but I am now unsure of the next steps and the best way to prepare my defence.

The Situation:

Date of Alleged Offence: 12th March 2025

Charges:
Speeding - exceed 20 mph - Local Order (alleged speed 40 mph)
Drive a mechanically propelled vehicle without due care and attention

My Status: I am a "new driver." I got my full motorcycle license in June 2023, so the offence date falls within my first two years. I currently have a clean license. My main goal is to avoid getting 6 points and having my license revoked.

Plea: I have already responded to the SJP online and have pleaded NOT GUILTY to both charges. This was submitted around two weeks ago, and I have a screenshot confirmation, but I have not heard anything since.

The Officer's Statement & My Defence:

The officer's statement alleges that he was in a marked police vehicle and saw me on my Yamaha MT-07 riding at speed, performing "wheelies," and "weaving in and out of traffic."

My defence is based on the following points:

Contesting the Speeding Charge:
The statement of facts claims "The speed recorded by means of Speed LTI 20/20 was 40 miles per hour."
I strongly believe this is an administrative error. The officer's narrative does not describe him stopping to use a laser device. He saw me for approximately 10 seconds while he was also driving. I believe it is highly improbable, if not impossible, for him to have obtained a valid reading with an LTI 20/20 from a moving vehicle in these circumstances. I believe his assessment of my speed was an estimate.

Contesting the "Without Due Care" Charge:
I deny the allegations. I will be pleading not guilty on the basis that I was not riding in the manner described (no wheelies or dangerous weaving).

Key Evidence:

The officer's statement mentions two pieces of video evidence: body-worn video (marked QDC/1) and CCTV (marked QDC/2). I have not yet seen any of this video evidence.

Previous History:

For full transparency, I have no points on my license. However, I did a Driver Awareness Course around June 2024 which was offered in lieu of prosecution for what I believe was also a "driving without due care" allegation.

My Questions for the Forum:

- After pleading "Not Guilty" via the SJP online portal, what is the usual procedure and timeframe for receiving a court date for the first hearing? Should I be proactively contacting the court to confirm they've received my plea?
- What is the correct procedure and timing for requesting the disclosure of the video evidence (QDC/1 and QDC/2) from the CPS? This seems critical to my entire defence.

- How strong is the challenge against the alleged LTI 20/20 speed reading? How can I best argue in court that this was likely an administrative error and that the evidence is just the officer's opinion of my speed?

- Given that the "due care" charge is currently my word against the officer's, what is the best strategy for preparing my defence before I get to see the video evidence?

- What are the likely penalties if I am found guilty of one or both offences? Is there any realistic way to avoid a license revocation if I do end up with 6 or more points?

Thank you in advance for any guidance you can offer.

The most obvious question is why is the police officer (or officers) saying that you were pulling wheelies and weaving if you weren’t? That’s hardly a matter of interpretation, particularly if it’s caught on camera.

Or is the reality that you’re seeing what they might be able to prove, rather than what actually happened?

what did the officers statement say regards where he was, ie parked up assessing traffic, driving along the carriageway, stationary in traffic??
where do you think he was?

@mickR

The officer was at a red light at a junction where I turned left (he would've been on the right, perpendicular at the red light, thus now behind me once I'd turned left). I am 100% sure he was simply stopped at a red light but moving in traffic (wasn't parked). I know he didn't use a Speed LTI 20/20 device, if you read his witness statement, it's made clear that all his observations of my speed are clearly based in estimates and he likely chose the wrong charge from a template.

@Freecall

Thank you for your in-depth response. My main issue is avoiding revocation. Should I admit guilt, do you think I stand any chance of avoiding revocation given the below mitigation:

- Genuine remorse shown with an apology read
- This alleged offence occurred over 6 months ago now, and I have had no motoring or otherwise issues with police since
- I've since upgraded my license from A2 to A around 2 months ago in order to improve my skills and awareness as a result of this offence
- I understand the typical case for a new driver is points over disqualification, however revocation has significantly greater consequences in my unique case: specifically, a driver can simply retake their theory and book a practical test for about less than 100 quid. In my case, I'd have to retake theory, CBT, mod 1 and mod 2 (£600 at a minimum), wait another 2 years, then retake my A test (another set of mod 1 and mod2, another £600 minimum). This is a far greater punishment than for a driver who could be back to where they were within a week.

@mickR
the charge sheet says: Speeding - exceed 20 mph - Local Order - manned equipment
Reported Speed(mph): 40
At 23:00 l pointed out the offence(s) as:
139 - Excess speed (20 mph) local order - Speed LTI 20-20
192 - Driving without due care

it does appear to be conflicting evidence.
unless the NIP has generic info or there has been human error on the NIP. either way i would doubt it will make any difference as the officers evidence will undoubtedly be enough.

Is there opinion evidence of speed from more than one witness?

The OP could offer to plead guilty to the careless if the speeding is dropped.