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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64695
Experience:  Over 5 years in practice.
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hello receive request to attend to court for exceeding speed the

Customer Question

hello
receive request to attend to court for exceeding speed
the speed limit was 40 - i ma driving 66 :(

but on the charges saying :
speeding -exceed 30mph-local order -manned equipmnet ,H6513...... /On 24/10/2012at .......on road , namely ,A412 Wexham ,at a speed exceeding 30miles per hour ,
-- statement of fact :`at........... the defendant drove G..... on A412..... at a speed exceeding the legal limit of 30mph per hour . the speed record by means of a LTI 20-20 Laser Device was 66miles per hour
-legislation: contrary to borough of Slough..........(speed limit 40mph ) order 2007 ,sections 84 and 89(1) of the road traffic regulation act.......

now i am not to sure if i make offense to exceed the limit of 30mph or 40mph
kind regards
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

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

How can I help with this?
Customer: replied 1 year ago.

why is the difference saying 30mph when in fact was 40mph in place ? and can i challenge in the court if this is error of person who filing the documents?


 

Expert:  Jo C. replied 1 year ago.
How do you know its a 40 mph zone?
Customer: replied 1 year ago.

sign on the road say 40


and in the first paper work when I admit the speeding say same 40mph

Customer: replied 1 year ago.
Relist: Answer came too late.
Expert:  Jo C. replied 1 year ago.
This dropped off my question list because you relisted it

Do y ou still need an answer?
Customer: replied 1 year ago.

yes - but i can not wait too long


 

Expert:  Jo C. replied 1 year ago.
Ok. I am going to need some more information I'm afraid before I can give you answer that is of any use.

I need to know when you passed your test roughly and do you have any other points? If so from when?
Customer: replied 1 year ago.

passed about 20year ago


no current point


last point 2006 jun - 3points for speeding


screen shot of the area i get catch by camera


http://scr.hu/0y00/0nm39


 

Customer: replied 1 year ago.

over 20year ago


no other pionts


last 2006 jun -3 points


screen shot for area


http://scr.hu/0y00/0nm39

Expert:  Jo C. replied 1 year ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am afraid its not that simple. The fact that there may well be signs at the location which show 40 mph does not mean the zone is a 40 mph zone. Speed zones are enforced by law. The road side sign is not law. You need to check the speed limit in that area by calling the local council.

It is a defence to say that the signs were inadequate. S85 RTA says that the authorities must erect 'adequate guidance' of the speed limit. You need to be careful with that for two reasons here though.

The first is that 'adequate guidance' has been severely struck down by case law. The old law was very helpful on the point. The case of Cooper used to mean that there was a requirement of total perfection. However the recent case of Peake has suggested that all they need to do is erect signs that would be sufficient to alert the reasonably observant motorist to the speed limit. In this case though, if they are advertising the wrong speed limit then that would be a basis of an argument.

The second though is the real problem here. Whether the speed limit was 30 mph or 40 mph or even 50 mph you were still speeding. There's no defence in saying that you were speeding but not as much as the Crown allege.

You can plead guilty on the basis that you believe the speed limit was 40 mph not 30 mph. The risk of doing that is that the Court could say it would make a material difference to your sentence and so order a hearing to determine which version of events they believe. You may win that but its a risk. Costs will be an issue and you will lose any credit for a guilty plea.

If this is 66 mph in a 30 mph zone then I'm afraid you are in difficulty. You are 6 mph over the highest sentencing bracket. They could have charged you with dangerous driving but they won't do that. If they do then elect crown court trial as a jury is unlikely to think that speeding alone is sufficient without some other act of dangerousness. It does mean though that you are facing a disqualification of several months I'm afraid.

If this is a 40 mph zone then you are facing either 6 points or 7-56 days disqualification. Realistically you would get 6 points.

Since you have been driving 20 years you do not fall under the new drivers scheme and so will not be revoked at 6 points.

You don't have other live points and so you won't be subject to disqualification for totting.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64695
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

ok thanks what will be the best option -go my self or as solicitor to go with me ? and we should be point that in fact we not say that we are not guilty just the speed limit on the document is not correct and we are happy to plea guilty but with 40mph?

Expert:  Jo C. replied 1 year ago.
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