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David Beckham will not face speeding prosecution | David Beckham will not face speeding prosecution |
(35 minutes later) | |
David Beckham will not be prosecuted over a speeding charge, a district judge has ruled. | David Beckham will not be prosecuted over a speeding charge, a district judge has ruled. |
Celebrity lawyer Nick Freeman, known as Mr Loophole, successfully fought the allegation for him on a technicality. | Celebrity lawyer Nick Freeman, known as Mr Loophole, successfully fought the allegation for him on a technicality. |
The former England football captain, 43, was accused of driving a loaned Bentley at 59mph in a 40mph zone on the A40 in Paddington on 23 January. | The former England football captain, 43, was accused of driving a loaned Bentley at 59mph in a 40mph zone on the A40 in Paddington on 23 January. |
However, Mr Freeman had argued a speeding notice arrived one day too late. | However, Mr Freeman had argued a speeding notice arrived one day too late. |
Beckham, who did not attend the hearing at Wimbledon Magistrates' Court on Thursday, had previously entered a not guilty plea. | Beckham, who did not attend the hearing at Wimbledon Magistrates' Court on Thursday, had previously entered a not guilty plea. |
Mr Freeman said Beckham was "very relieved with the verdict". | |
The lawyer previously helped Beckham overturn an eight-month driving ban in 1999, after successfully arguing he was trying to escape a paparazzi photographer. | |
Mr Freeman suggested the more recent matter could have been a case of poor postal service, citing a subsequent letter sent first class by Bentley to Scotland Yard which took eight days to arrive. | |
He said: "Unfortunately and sadly some post attracts problems. There might be nobody at fault here." | |
District judge Barbara Barnes said a Notice of Intended Prosecution (NIP) was sent on 2 February and should have arrived at Bentley Motors Ltd, the registered keepers of the vehicle, by 6 February. | |
However, she was satisfied on the evidence heard it did not in fact arrive until 7 February - one day outside the statutory 14-day window. | However, she was satisfied on the evidence heard it did not in fact arrive until 7 February - one day outside the statutory 14-day window. |
Summing up, she said the law allowed for the "vagaries" of the postal system to be taken into account. | Summing up, she said the law allowed for the "vagaries" of the postal system to be taken into account. |
She said: "What I find is the fact it did not arrive in the post room of Bentley Motors Ltd until 7 February and therefore was one day outside the legal limit. | She said: "What I find is the fact it did not arrive in the post room of Bentley Motors Ltd until 7 February and therefore was one day outside the legal limit. |
"The defendant in this case cannot be convicted." | "The defendant in this case cannot be convicted." |
Analysis | |
Solicitor Nick Freeman has been dubbed Mr Loophole for his success at using legal technicalities to get celebrity clients acquitted of driving offences. | |
His clients have in the past included cricketer Andrew Flintoff, explorer Sir Ranulph Fiennes and golfer Colin Montgomerie. | |
In 1999 Mr Freeman successfully defended former Manchester United manager Sir Alex Ferguson, who had been accused of driving down the hard shoulder of a motorway. | |
His defence? Sir Alex was simply looking for a toilet because he had an upset stomach. | |
More recently, last October, Manchester magistrates threw out a speeding offence against TV personality Paddy McGuinness after accepting Mr Freeman's argument the prosecution had failed in its legal duties by not providing any documents or evidence to the defence. |