Question of the week: Can I be given a speeding fine without photographic evidence?

Dear Honest John,

"I got a speeding fine on the M1 and have asked the police for photographic evidence. They don't have it as it was a police car following me who reported it. It was a works van so I have had to say I was driving as it went first to the company.

How do I stand now if the police don't have photographic evidence to prove I was doing this speed? I presume the only next stage is going to court. What are the chances of this going any further if they don't have evidence?"

- BB

Dear BB,

Police forces operate under their own policies in respect of providing evidence on request even though the Association of Chief Police Officers guidelines say that evidence should be disclosed at the first opportunity, but some constabularies will not release evidence unless the ticket is challenged by you pleading not guilty.

If the alleged offence was captured by a police car rather than a speed camera it is likely that Provida in-car speed detection equipment was used to measure your speed and a video recorded of the alleged speeding which can be used as evidence in a prosecution.

Technically it is also possible that the officers in the police car followed you for a sufficient period at excessive speed to provide written evidence of the offence without photographic or video evidence, but the offence would need to be sufficiently blatant in order for the charge to be made.

If you believe you are innocent of the charge then you may wish to pursue it and seek independent legal advice, but if found guilty then the punishment is likely to be higher than if you had pled guilty at the outset. You can read more about speeding fines and potential penalties in our guide here - https://www.honestjohn.co.uk/advice/driving-advice/speeding-fines/

Ask HJ

Is there a new design of speed camera being used?

I've recently noticed several examples of what seem to be a new form of speed camera. It's much taller than those I've become used to, it's yellow, with a pair of yellow cameras at the top and a pair of black boxes about half way up - perhaps the speed measuring gear. I didn't notice any advance warnings of their existence. What's going on?
You may have spotted one of the new Jenoptik VECTOR-SR speed cameras which are currently being introduced at various locations in the UK. Not only do they operate without flashing, but they also capture video and can see inside vehicle, so they can detect offences such as using a mobile phone and driving without a seatbelt as well as capturing speeding offences.
Answered by David Ross
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