I have received a summons for speeding on the M42/M6 motorway at 70 when the ATM was set to 40 on 1 November 2011. There was a low sun directly ahead and I do not recall seeing signage over the M6 lanes which were all moving freely and were uncongested. There was congestion and queuing traffic on the M42 slip. My licence is not clean. I have a sp50 fixed penalty from 04 Nov 2008 and an 18 month ban for drink driving DR10 in October 2003. The stress of that ban for all my family is something I do not wish to repeat. What are my prospects if I plead guilty by post? Any help would be great.
HiThank you for your question and welcome to Just Answer. I will try to help with this.Do you accept there were signs sufficient to notify you of the speed limit?
I was passing through the active traffic management gantries. Gantry 6514B took the picture. With difficulty in the low sun I was able to see some signage which I thought applied to the M42 stating obstruction on slip road or similar. I could not read the speed on the signs which I thought applied to the M42 and I cannot recall anything visible for the M6 on which I was travelling. In answer to your question I understand what the overhead gantries are for but I cannot recall any signage applying to the M6.
Thats probably going to be sufficient I'm afraid.S85 RTA demands that the authorities erect signs that give 'adequate guidance' of the speed limit. It used to be thought that meant total compliance with the regulations and any imperfection allowed the speeding motorist to escape but the recent case of Peake has been very damaging on that point. Now the test is basically would the reasonably observant motorist have noticed a sign. If its just that the sun was shining low and you didn't notice the signs for that reason then that wo't be a defence unfortunately.One thing you could do is call the DTI and check that they have authorisation for the reduction. There are only three speed limits in this country. The relevant one here is 70mph as this is a motorway. If they want to vary that then they need authorisation to do so. Generally speaking the authorities do get authorisation originally for any reduction but sometimes the work exceeds the period of authorisation or moves into a different area. If there is no authorisation for the reduction then national speed limits apply and this is a 70mph zone. The realistic chances of that happening are low but its an option to pursue.If you were doing 70 mph in a 40 mph zone though you are at risk of 6 points or disqualification of between 7 - 56 days. You may as well attend on the day set down. They will only summons you anyway for consideration of disqualification and so you may as well attend and get it over with. Actuually you are right in the middle of the sentencing bracket so I would expect points rather than disqualification.I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.Hope this helps. I would be grateful if you could please rate my answer and provide quick feedback. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you
I have a dilema. I am changing my job starting on 11th June and a ban would not be a good start. If I plead guilty by post and am summoned for a separate sitting approximately how long would it take to reschedule, is there a set period? Is it not deemed favourable to plead guilty by post.?
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