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I have just received a NOIP for allegedly speeding but feel

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
  • Positive Feedback: 95.6 %
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in UK Traffic Law

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Customer Question

I have just received a NOIP for allegedly speeding but feel this is unjust. It states that I was doing 39 pmh in a 30 zone (which I do not dispute) but this was as part of an overtaking manuovere around a Horse & Trap and the speed I used was to ensure I perfomed the manuovere quickly as I was on the other side of the road. I also needed to be at this speed to give myself enough distance to pull in front of the Horse & Trap so that I would not be spooking the Horse, at which point I reduced back down to the 30 mph required. Do I have a valid case to argue??

 

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Province/Country relating to question : England

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This is my first request for information on this matter.

Submitted: 302 days and 15 hours ago.
Category: UK Traffic Law
Value: £22
Status: CLOSED
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Expert:  Jomo1972 replied 302 days and 15 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

Do you have any other points?

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Expert:  Jomo1972 replied 302 days and 15 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

I presume you accept speeding?

Customer replied 302 days and 14 hours ago.

No other points on my license and yes, I accept I was over the 30 mph limit in for that area but only for the time it took for the overtaking manuovere.

Accepted Answer

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Expert:  Jomo1972 replied 302 days and 14 hours ago.

I am sorry but thats bad news.

There's no defence in saying that you were over taking. The law says you cannot exceed 30 mph on a restricted zone for any reason. There are some exceptions for emergency vehicles and the like. There are none for overtaking.

I'm afraid if you accept that you exceeded the 30 mph limit whilst over taking then that is a contravention unfortunately.

Sorry thats not the answer you wanted but this just plain doesn't amount to a defence and I have an obligation to give you truthful information regardless of what I would like to say.

I will be happy to continue with this but please rate my answer with three stars or more.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.6 %
Accepts: 2738
Answered: 6/20/2012

Experience: Bar Exams, over 5 years in practice

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Customer replied 302 days and 14 hours ago.

OK! Many thanks for your help on this matter, I guess the Rozza's get a bit more towards the Christmas party fund.

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Expert:  Jomo1972 replied 302 days and 14 hours ago.

I am very sorry but there's no defence arising on these facts.

 
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