A DRIVER who tried to use the same defence as a speeding policeman, has called for the officer to be fined.

Howard Thomas's car was caught speeding on Ormesby Top, in Middlesbrough, on January 31, three months before Detective Superintendent Adrian Roberts' car was recorded going over the limit.

Like Det Supt Roberts, of Middlesbrough police, Mr Thomas was recorded by a camera travelling at 35mph in a 30mph zone.

Both men said they could not remember who had been driving the car at the time of the offence. But while Det Supt Roberts' excuse was accepted, Mr Roberts was forced to pay £60 and had three points put on his licence.

Mr Thomas, of Carlton Leyburn, North Yorkshire, said: "It was a company car so any one of four people could have been driving it at the time it was photographed.

"The image was from behind so you could only see the car, not the person.

"It's the points on my licence that really concern me. I can't afford to lose my licence because then I'll lose my livelihood."

After Mr Thomas entered his defence, he was kept waiting for months while his claim was investigated.

He then received a letter from the police, saying if he could not say who was driving he would have to go to court.

In contrast, a superintendent in charge of the police fixed penalty department, concluded that Det Supt Roberts' could not be identified from the photo taken by the speed cameras so he could not be charged.

Mr Thomas said: "It seems there is one rule for them and one for the rest of us. The law should be changed so if the driver cannot be identified then the registered owner of the car should be fined."

Mr Thomas is now calling for all people who have been unsuccessful in getting their defence accepted to have their fines repaid and points taken off their licence.

He said: "It is only fair that everyone is treated the same.

"I'm not saying speeders shouldn't be punished, but if Det Supt Roberts is not getting punished why should the rest of us?

"They should change their decision and convict him."