Defenses to Speeding Tickets
Speeding
is an Absolute Liability Offence
Speeding
is defined by the courts as one of “absolute liability”, meaning
that once the prosecution has proven the guilty act of speeding, and no applicable
defense is raised a conviction must follow.
The
driver is always responsible for the speed of the vehicle. The
mental state or whether you meant to speed or not or any intention of the
defendant is not relevant to the charge of speeding.
In
other words to obtain a conviction for a speeding ticket the prosecution/police
do not
have to show that the motorist intended to speed, nor can the motorist raise
the defense that he took all due diligence not to speed. Or that the motorist had “Mens Rea” (Latin for having a
guilty mind, meaning the driver meant to speed).
Giving a reason why you were speeding is not a defense to the charge
Although
you may have a reason why you were speeding, reasons for speeding are
"explanations" and not a defense.
With an explanation you are saying you are guilty of the offence
but you have a reason for committing it. Giving an explanation will not
get the charges dropped under any circumstances.
Defense
of Necessity
The
only defense to speeding is the “Defense of Necessity”.
Necessity means a situation whereupon the driver
is in fear for
their life or another persons life.
This
does not mean that the driver was trying to pass and if they didn’t
increase their speed that he was of the opinion that accident was imminent. Necessity means that you were in fear for you life, e.g. a group
of armed men with guns were trying to kill you and you sped away. Or someone is has suffered a serious life threatening injury and
you are rushing them to the hospital to save them where it is impractical for
you to wait for an ambulance or the police.
Explanations
In
a speeding trial offering an explanation as to why you were speeding is admitting
guilt.
An
explanation to a speeding ticket is not a defense to the charge. In
essence you’re saying to the Justice of the Peace I am guilty of
speeding but here is the reason why I did it.
If
you do this the Justice of the Peace has no option other than to convict
you of the offence.
The
Justice of the Peace may consider your explanation but only as far as
the monetary penalty, the fine is concerned. The Justice of the Peace cannot
reduce or waive demerit points, nor can he withdraw a case before him
without a trial.
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