How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64655
Experience:  Over 5 years in practice.
12826847
Type Your UK Traffic Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

Hi I have just received a NIP from Northants Police Safer

Customer Question

Hi I have just received a NIP from Northants Police Safer Roads Team
3 days ago recorded speed of 40 mph in 30 mph at Dingley (Leics) A427.
There are no street lights on that road through village therefore is the offence enforceable?
GSP from Mkt. Harborough
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.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Is this your first speeding offence?
Customer: replied 1 year ago.


I have a clean licence - no points etc however I did attend a safety course in Leicester about 5 years ago

Expert:  Jo C. replied 1 year ago.
Were you speeding?
Customer: replied 1 year ago.


Yes - I,m afraid so but it was 32 in a 30 in Oakham Rutland on a sunday and over 5 years ago

Expert:  Jo C. replied 1 year ago.
No, sorry I meant on this occasion?

You accept travelling at speed this time?
Customer: replied 1 year ago.


Sorry - yes I do believe I was travelling over the 30 limit and have just received the photos by email from police showing 40mph

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

The short answer is that it doesn't invalidate the prosecution but there might be a defence.

If this is a 'restricted road' then that is governed by S81-81 RTRA which you'll find here

http://www.legislation.gov.uk/ukpga/1984/27/part/VI

which basically demand street lights no less than 200 yards apart.

On the face of it, this tends to look very encouraging. I was a grade one prosecutor for years and I know that the practical reality is that police officers are not going to go out and measure how far apart street lights are so the Crown often drop these things.

If that does happen then that is wonderful.

However, you should be aware of the risk that they will dig their heels in and contest this.

200 yards apart or not, there is very damaging case law on this point. The case of Peake leads at the moment. S85 RTA demands that 'adequate guidance' be supplied of the speed limit. For many years it was though that meant total compliance and any imperfection allowed a speeding motorist to escape. However, unfortunately Mr. Peake decided to appeal this point and the decision was that if there are errors then they must be such as to confuse the reasonably observant motorist.

That is not to say that you cannot win. Often signing is inadequate in the UK.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64655
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

There are NO lights through the village of Dingley! Dingley is on the A427 between Mkt. Harborough and Corby

Expert:  Jo C. replied 1 year ago.
Are there reminder or warning signs of 30 mph zones?

That would be adequate if so.
Customer: replied 1 year ago.


Just checked on Google Earth and physically - yes there are repeater 30mph signs - the speed limit is approx. 1 mile and there are 4 signs in total - one at each end and 2 in middle. Games up it appears however why are the Northants Police issuing NIPS for Leicestershire ( Dingley is in Leicestershire - its Post Code is LE16


 

Expert:  Jo C. replied 1 year ago.
How close is the nearest one to this particular location
Customer: replied 1 year ago.


I don't understand - do you mean how close is the nearest 30mph sign to the speed camera van or to my vehicle at the time?

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

I'm happy to continue with this but please rate my answer.
Customer: replied 1 year ago.

FOR JOMO1972


I don't understand - do you mean how close is the nearest 30mph sign to the mobile speed camera van or to my vehicle at the time?

Expert:  Jo C. replied 1 year ago.
Well, both really. Surely they were in the same place?

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    3152
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3152
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    138
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    30
    Solicitor with UK Traffic Law experience
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    17
    17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    12
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    12
    LLB (Hons)
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    155
    PGD Law. 20 years legal profession, 6 as partner in High Street practice