How speeding celebs use legal loopholes to escape a ban

Jane Bell

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Van Morrison is the latest of a long line of celebrities who has been cleared of a speeding charge after his lawyer got him off on a technicality.

The singer-songwriter, 64, allegedly broke the 30mph speed limit when travelling 36mph in Bath last December, but has now had his case dropped due to a paperwork mix up.

Mr Morrison was due to be tried in court for speeding this week, but a mistake by the prosecution meant legal papers for the speeding charge were served too late on the star.

When Mr Morrison was informed by the police of his alleged speeding fine he chose not to pay the fixed penalty notice and instead opted to go to court to plead not guilty.

But the CPS did not get back to the singer until July and missed the six-month deadline for issuing a summons.

Mr Morrison's lawyer, Nick Freeman, said "The summons was laid on June 10, a few days before the cut-off. But it was not stamped by the clerk until June 16 and then sat in an office until July 8. The whole process was defective."

Consequently, the CPS has decided to drop the case and Mr Morrison is now applying to recoup his legal costs.


Jordan's speeding ban escape

Katie Price, also known as Jordan, is another celebrity who got her speeding charge dropped due to a legal technicality. 

The glamour model's vehicle allegedly broke the 30mph speed limit in Brighton on 5 March last year.

After her car was photographed by a manned speed camera Sussex Police wrote to Miss Price on various occasions to ask for the identity of the driver, but they claim that she never responded.

As a result, Miss Price was charged for not providing information on the identity of the driver and the case was listed for trial before the magistrates court.

But Miss Price's defence lawyer used a legal technicality to argue that the prosecution's only witness should be disallowed. The court accepted this argument and the prosecution couldn't offer any evidence.

Consequently, Miss Price was acquitted of both charges of speeding and not providing information on the identity of the driver.


Katie's legal loophole

The prosecution's sole witness was Karen Rickson, a police administrator. For her to give evidence in court, the Crown Prosecution Service must have made an earlier application to permit various "hearsay" parts of her testimony to be heard at the trial.

But the CPS didn't make such an application and Miss Price's defence barrister successfully argued that "it would not be in the interests of justice" for the police administrator to provide evidence at all. 

A legal expert commented on how the loophole worked: "Karen Rickson did not enter the details of the speeding offence on the computer herself. She was an administrative staff member who retrieved the information and wrote several letters to Miss Price.

"Because she was going to tell the court about details she had not inputted herself on the computer system, the CPS should have applied to allow hearsay evidence. But they didn't so her evidence was not allowed. It's a big mistake on their part."


Katie's second speeding fine escape

Miss Price, from Woldingham, Surrey, has escaped speeding charges before due to a legal loophole. In 2003 the glamour model was allegedly caught driving her Range Rover at 70mph in a 40mph limit and, again, she failed to respond to repeated requests for the identity of the driver.

But the police didn't arrest her within the legal window of 12 weeks, so the case had to be dropped.

Legal loopholes have been used by numerous celebrities including Alex Ferguson, David Beckham and Andrew Flintoff.

Jeanette Miller, of Geoffrey Miller Solicitors in Manchester, is one of the UK's leading experts on motoring law. Author of Lawpack's Fight a Motoring Ticket Kit, she knows all of the legal loopholes you can use to get off a parking ticket or be cleared of a speeding fine.

She says: "If you get a motoring ticket, it's important that you know all about the procedures the police, or the local council, should follow as you can be cleared of the charge if these procedures don't take place. For example, if your get charged with speeding and the police fail to record a check of their speed testing equipment, you can escape your penalty.

"Also, if you receive a parking ticket and you think it's unfair, then appeal. Only 1% of people can be bothered with appealing their parking ticket, but if you do, you have 60% chance of success."


Other speeding celebrities cleared by a technicality

Andrew Flintoff, the cricketer, was clocked doing 87mph in a 50mph zone in a friend's car in July last year, but he was acquitted in just 41 seconds after his lawyer argued that the prosecution hadn't followed the procedure correctly. Flintoff's prosecution notice was served two days' late, even though, in any speeding case, it's fundamental that the notice is sent and received within 14 days.

Kieren Fallon, the champion jockey, was clocked doing 40mph in a 30mph zone in Cambridge last year. Mr Fallon said that he wasn't driving the car, but he didn't inform the police of the driver's identity within the statutory 28-day limit and, as a result, was issued with a court summons. He was cleared due to a number of minor administrative errors that occurred when the police were handling the case and his lawyer argued that their evidence was unreliable.

Jeremy Clarkson, the Top Gear presenter, was charged for failing to name the driver on a speeding ticket he was sent by Alfa Romeo, from whom he had loaned the vehicle. The car was caught doing 82mph in a 50mph zone in September 2007. The case was dropped due to a technicality as Alfa Romeo only had information on who they had loaned the car to and not on who the driver was.

Sir Alex Ferguson, the Manchester United manager, was cleared of driving his BMW on the hard shoulder of the M602 in Eccles, Greater Manchester in October 1999. His lawyer argued that it was due to an emergency as Sir Alex had an upset stomach and needed to use the toilet. Later that same month, Sir Alex was cleared of speeding due to there being no proof that he was driving at the time.

Colin Montgomerie was cleared of speeding in September 2004 after he was accused of driving at 96mph on the A3, near his Surrey home. The case collapsed as the prosecution failed to prove that the golfer was driving as the officer who stopped him failed to appear in court.

Matthew Vaughn, husband of supermodel Claudia Schiffer, faced a ban from driving after he was clocked driving his car at 95mph on the M11 in Essex in December 2005. The film director’s case was dropped due to an error in police procedure.

Jonathan Woodgate, the footballer, was pulled over by an unmarked police car when he was driving at 85mph in a temporary 50mph zone, but got off the speeding charge due to the speed check being unreliable. In court the prosecution said that the speed check was carried out over a distance of 519m, but the defence argued successfully that the distance was only 405m. The prosecution accepted that the speed check was void and Mr Woodgate was cleared.

Dean Gaffney, the actor formerly in EastEnders, was charged with speeding at 131mph on the M40 in June 2006. He was cleared after a police officer in the case failed to turn up at court and Mr Gaffney's lawyer argued that the case shouldn't be adjourned.


Further information

Read insider tips from a motoring law expert, who shows you how you can use the legal loopholes to fight your speeding fine and parking ticket..and WIN...here.

Want to get off your speeding ticket? Speeding loophole myths explained.

60% of drivers who appeal against their parking ticket win! Read our tips on how you can fight your parking fine here.

Find out how Jermaine Defoe used a legal loophole to get three motoring charges dropped

Find out how footballer Jermain Defoe escaped a speeding ban

Read top tips on contesting a speeding ticket


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