Safe Speed Forums

Andrew Flintoff cleared of speeding - thanks to Mr Loophole
By Gordon Rayner, Chief Reporter
Last Updated: 4:24PM BST 06/05/2008

Andrew Flintoff, the former England cricket captain, has become the latest celebrity to successfully defend an alleged motoring offence after employing the services of a lawyer known as Mr Loophole.

Flintoff, 30, was captured on camera allegedly speeding at 87mph in a 50mph zone, but his solicitor Nick Freeman argued that because his notice of prosecution had arrived late, the case should be discharged.

After conceding that the Crown had not followed correct procedures, the prosecution at Liverpool Magistrates’ Court told the Lancashire all-rounder that it would offer no evidence.

Mr Flintoff, a father of three, who lives in Altrincham, Cheshire, had been accused of speeding in a temporary 50mph zone of the M62 motorway near Huyton, Liverpool when he was driving a friend’s car on July 1, 2007.

He joins the likes of Sir Alex Ferguson, Wayne Rooney, David Beckham, Jeremy Clarkson, Colin Montgomerie and Ronnie O’Sullivan on a long list of sportsmen and celebrities who have successfully defended prosecutions for motoring offences thanks to Mr Freeman.

Mr Flintoff left court without commenting, but Mr Freeman said: “He is very relieved to have the matter disposed of. It happened last July and now he can concentrate on his cricket.”

But the hearing, which had been listed for trial, was dealt with quickly by Deputy District Judge Fiona Barrie, after Sharon Bourne, prosecuting, offered no evidence.

Mr Freeman said it was “fundamental” to any speeding case that the notice of prosecution was sent and received within 14 days of the offence, but the document only arrived on July 19.

“It happens a lot if people care to look at it,” he said, adding: “There were lots of other issues too but we don’t need to go into those.”

Mr Freeman, who is based in Manchester and is reported to earn fees of £10,000 a day, has trademarked the name “Mr Loophole” to stop other lawyers using the nickname.

In his most celebrated case, he successfully argued that Sir Alex Ferguson should not be prosecuted for driving up the hard shoulder of a motorway because the Manchester United manager was suffering from a stomach upset and was desperate to exit the motorway to find a toilet.

“There were lots of other issues too but we don’t need to go into those.”

Maybe it was a REDSPEED camera - there is a whole book full of "other issues" there - it's called the Home Office Guide to Calibration Requirements!!
http://scienceandresearch.homeoffice.gov.uk/hosdb/publications/road-policing-publications/18-98-Guide-to-Calibratio1.pdf?view=Binary

Well obviously it’s not worth the paper it’s written on. From what I’ve seen and heard lately they take no notice of it anyway (especially CSP’s). And some even modify their own calibration certificates to fool everyone into believing they are all legal and above board.

speeding at 87mph in a 50mph zone

Sounds like he was caught at the roadworks around the Knowlsey/M57 junction - there is a camera under the bridge.

I don't know why people think this type of thing is a "loophole". There is no loophole. The authorities did not carry out the procedures as required by law. It's their own fault and the lawyer just pointed this out.

Be careful now, that speed camera has now been moved from by the bridge and is now situtated further along the knowsley expressway, just after the Huyton Ind Est slip road.

http://www.huytontimes.co.uk

I don't hold with this kind of thing.
It is basically admitting to the offence, but getting away with it on a technicality.
I feel that this just makes it harder to argue a genuine defence.
Also it reiterates the fact that if you're rich enough, the law need not apply, which just undermines public confidence in the law.

If the so-called speed limit is not signposted properly, how is the driver supposed to know what it is ?
Where is the "technicality" there ?