David Beckham enlists 'Mr Loophole' Nick Freeman to fight speeding charge

David Cusack, Crime, Solicitor

We all may have read in our newspapers recently about a motoring case involving a celebrity lawyer and his more famous ex-footballer client accused of speeding in a loaned Bentley.  Our speeding fines expert, David Cusack comments on the case:-


"Despite his client accepting that he was the driver at the time and travelling at the speed alleged he entered a plea of not guilty on his client's behalf leaving many bemused by this and wondering whether the law applies to us all equally. The good news is that it does although it helps to have a lawyer smart enough to know the rules! It would appear that the defence in this case is that the procedure that is supposed to be followed in a case like this has not been followed and that this makes the prosecution itself unlawful.


As soon as an offence of speeding or similar is discovered the police are obliged to send a Notice of Intended Prosecution (NIP) to the registered keeper of the vehicle to be received by him within 14 days of the offence. This serves to point out to him that he may be prosecuted for the offence and to keep matters fresh in his memory so that he can assist the police if required. If the registered keeper was not the driver he is required to specify who was ( if he does not he can be prosecuted for failing to do so which can be viewed more seriously than the speeding itself) and further documents will be sent to that person to establish who was in fact driving. The argument to be put forward at a hearing in the next few weeks in the current case appears to be that the NIP was not received by the registered keeper (Bentley in this case as it was a loaned vehicle) within the 14 days. If this is established the prosecution fails.


Whilst the celebrity and, needless to say, his lawyer might not be seen by some to be taking the moral high road on this matter there are procedures to be followed to ensure the same rules apply equally to everyone. If there is a moral to this tale it always pays to seek good professional advice."


If you need legal advice regarding a speeding fine or any other legal matter please call 0330 123 1229 or email info@smithpartnership.co.uk.