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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64977
Experience:  Over 5 years in practice.
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hello i have question regards XXXXX XXXXX offence. id like

Resolved Question:

hello i have question regards XXXXX XXXXX offence.
id like to know if i will be better of plead guilty at court or not guilty from offence they are acusing me of which is exeeding 30mhp limit they say i was doing 44mph and they say they have recorded photographic evidence.
but iam sure that i was not doing this speed.
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.

Were you the driver please?
Customer: replied 1 year ago.

yes ive admited that i was driver

Expert:  Jo C. replied 1 year ago.
Thanks.

Do you accept speeding but not that at that level?
Customer: replied 1 year ago.

i do but not as fast as they are saing.plus there were no sings of them taking pistures and they were sationary right behing right hand bend (therefore fairly hard to spot) of drivers also it was on dual carriage way and i presumed that there is 40 mhp limit as from one side that road has not even got houses (build up area)

Expert:  Jo C. replied 1 year ago.
Thanks.

You can always put the crown to proof upon any allegation but your chances of success are not high on the substantive offence.

They do not need to advertise their presence. All that is a complete myth I’m afraid.

There is no obligation to highlight the presence of a speed detection device at all. They are perfectly free to high them behind overgrown trees and catch motorists by stealth in law. Speeding is a crime like any other. The police are under no obligation to warn people of their crime detection methods. In fairness, if test purchase officers had to warn people of their presence they would never catch any dealers and the different here is just one of degree unfortunately.

The ACPO guidelines do say that they should be highlighted. They are just guidelines and not law. Many of the Constabularies ignore them and there has been case law that weakens any need to enforce them.

What they cannot do in law is obscure the speed limit signs in any way. Then the motorist would have a challenge. There are only three automatic speed limits in the UK. The first is 30 mph in a restricted zone signed by street lights, the second is 60 mph in a single carriageway without street lights and the third is 70 mph on a motorway. If they want to vary those limits then they need authority from the Department of Transport and they need to erect signs that amount to ‘adequate guidance’ under S85 Road Traffic Act.

If this is a dual carriageway then the speed would have been 70 mph unless they varied it by means of signs.

If its a restricted road though then they would only have needed to show that there was a regular pattern of street lighting on either side of the road.

If you think you were speeding but not at that level then you can always plead guilty on the basis that you were doing a reduced speed. The Court may decide that your version of events would make a material difference to sentence and decide to hold a fact finding hearing to determine the difference called a Newton Hearing. If you lose that then there would be a costs implication I'm afraid.

I'm very sorry if thats bad news.

Can I clarify anything for you?

Jo
Customer: replied 1 year ago.

yeah kind of thought that youll say waht you just said -(.


ok so thats plaed guilty but go to court to try to soften things up if possible and offer then that iam willing to under go speed awarness course or pay higher fine to try lower thee points they want me to put on my license .


there is 1 last thing - they forgot to enclose statement of means form ..!


what shall i do ?


shall help and download one fill it and bring it with me to court?


tx mike


 

Expert:  Jo C. replied 1 year ago.
No, just attend court and they will give you a means form to fill out then. There's no need to download one.

You can put them to proof. Sometimes people do get off. Obviously you need to be aware of the risks.

Proceeding on the basis that they can prove what they allege though it is best to try to carve this up to increase your mitigation.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64977
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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