Have you just received an excess speeding notice? Know that there is a flaw, rarely mentioned, to contest the offense. But you still have to take the process!
When the famous Antai envelope (the National Agency for Automated Offenses) falls into the mailbox, there is rarely a good surprise inside. You know why she’s there. You have seen the radar flash on the road and you prepare to adjust the fine, to lose points, to pest a little, then turn the page. Except that some do not stop there. Some dispute and sometimes do so successfully. Maître Olivier Bitoo, lawyer in road law, sees cases of this kind every month. It ensures that a room for maneuver exists, even when speeding is real.
“”You can challenge a flash, even if you were speeding “, He says in a video published on his Instagram account. First, there is the tool itself: the radar. Many are unaware that it must be the subject of an annual verification. It is compulsory. If this verification has not been made or that it is incomplete, doubt settles. And this doubt may be enough to bring down the offense. Clearly: automation is not a guarantee of infallibility. Each radar can be disputed if it has not been perfectly in conformity. Its positioning, its proper functioning, the frequency of technical controls, everything is to be examined. And that cannot be done without going through a lawyer or a road law, who will be able to spot usable flaws in the file.
In the procedure, another element is often overlooked: the photo taken by the road radar. However, it is an integral part of the evidence. If it is blurred, if it does not clearly identify the vehicle, if it has been badly taken or poorly exploited, it loses its value. “Me, it very often happens to me to have customers who are flashed. So, we always ask to look at the photos”, explains the lawyer. Indeed, it is possible to claim, black on white, the images taken by the radar at the time of the flash. It’s legal and free. Once the request has been sent, if the photo is unexploited, vague or contradictory, it is quite possible to challenge the offense. It is indeed admissible.
Of course, it is not a joker to drive beyond the limits without consequences. Respecting speed limitations remains the only way to guarantee your safety, that of others … and to avoid having to challenge anything. But if you believe that the offense is not justified, you have 45 days of the date of sending the notice of ticket to send a dispute by registered mail, you must know!
