The festive season often sees a spike in the number of drivers caught speeding, which means many may be starting the new year with some unwelcome post dropping through the letterbox.
However, the country’s top road traffic lawyer has warned motorists not to try and dodge the law by using Christmas-themed excuses.
Nick Freeman, known as Mr Loophole for his ability to win cases for celebrity clients based on legal technicalities, says excuses such as having been away for Christmas won’t wash with the courts and could, in fact, lead to far more serious punishments.
He says, “There are so many ways in which people think they can, if you like, ‘get away’ with ignoring a Notice of Intended Prosecution (NIP) – which informs the motorist they are going to be prosecuted for an offence – because Christmas is such a hectic and disruptive time. It just won’t stick. And actually, rather than simply looking at being penalised for speeding, the driver could face a more serious and expensive punishment. Since failing to provide details – that is, not filling in the form – carries a £1000 fine and six penalty points added onto your licence.”
Around 2.4 million speeding tickets are issued each year, meaning around 50,000 drivers are caught each week.
The law states that an NIP must be ‘served’ on the driver or registered keeper of a car within 14 days of the alleged incident.
However, thanks to the disruption of routine from Christmas to New Year, drivers, says Freeman, may mistakenly believe they are off the hook and simply ignore their obligation when the notice arrives in the new year.
“It sounds like a loophole, but it won’t wash. Remember, it is irrelevant when you open your post – what’s relevant is when it was sent and when it arrives at your address. So if you’ve spent Christmas away in the sun or staying with relatives, that’s no excuse. The law requires you to have a robust system in place to ensure any important mail is brought to your attention.”
You have 28 days from receipt to nominate the driver.
However, motorists can escape punishment if their NIP lands on their doormat too late to take legal effect.
Last Christmas, Freeman, whose clients include David Beckham and Frank Lampard, maintained that chaos caused by postal strikes meant thousands of drivers could potentially challenge their prosecutions by claiming their speeding notice did not arrive in time.
Freeman has also used postal delays in the past to get celebrity clients such as Jeremy Clarkson and Freddie Flintoff off motoring offences.
However, he has repeatedly called for the authorities to close this loophole through notifying people by email and text as well as by mail.
“Relying on a neighbour to collect your post and open anything official at Christmas – or indeed whenever you are away – means you may risk not accessing a vital legal document like an NIP. And your failure to do that is no defence in law. It’s why it would make so much sense if notification was made by email or text since people are rarely without their phones,” he says.
In the meantime, however, he points out that whilst the country may have appeared to have descended into friendly chaos over Christmas, this should never be an excuse to try and evade legal requirements.
“The answer, of course, is not to speed in the first place – that way there won’t be a problem. However, if you face such an allegation of such an offence, don’t be an ostrich. You may think that if you can make the process go away by ignoring it – when in reality the situation just gets worse.”
About Freeman & Co.
Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.
Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.
The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.
If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.
Freeman & Co. are available for Police Station attendances and an experienced criminal lawyer is on hand to take your call.
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Our Details
Freeman & Co Solicitors
8 Oxford Court
Manchester
M2 3WQ
Tel. 0161 236 7007
