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Amateur legal advice anyone? - Ed's journal
sobrique
sobrique
Amateur legal advice anyone?
Right, well, I've just got a bit of paper from the warwick camera enforcement unit, saying basically "Busted!". 48 miles an hour in a 40. Temporary restriction, dual carriageway, at 19:30 or so when it was quiet, my speed crept up a bit down the hill. They've since taken down the camera, which is kinda annoying.

However, having read this article about speed restriction signs and this one from the AA it would seem to indicate that there _must_ be speed restriction signs on both sides of the road.

I've sort of reached the conclusion that I might have a get out.
You see, the approach road looks like this:








Now, as I read that article, there _has_ to be a speed restriction sign on both sides of the approach road. Since there wasn't, I'm home free. Or at least, not facing points. Would anyone else care to have a look and check my understanding? I appreciate that for proper legal advice, one needs to seek a proper legal professional, and unless someone says 'naa, that's bollocks' I probably will.
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Comments
the_wood_gnome From: the_wood_gnome Date: July 14th, 2005 08:55 pm (UTC) (Link)
IIRC there was a news article several months ago regarding a high up police officer who got away with a speeding offence for exactly the same clause.

You might be able to find something in the news archives about it.
ehrine From: ehrine Date: July 14th, 2005 10:39 pm (UTC) (Link)
"The requirement (paragraph (4)) is for a sign to be placed on both sides of the side road on the approach to the major road, but not more than 20 metres from the junction, to show the speed limit on the major road"

That definetaly isn't the case in the photo's you have produced, which says to me that the speed restriction was not properly displayed and thus unenforceable in this circumstance.
ehrine From: ehrine Date: July 14th, 2005 10:45 pm (UTC) (Link)
I just want to add looking at those photos, that the 40 restriction sign is doing a fairly good job of hiding behind a bush, which should increase the weight of your case. The fact that you're only 1mph over the enforceable limit of 10% calibration error (4mph) and 3mph needle waver (giving a total of 47 mph) makes this an exceptionally petty enforcement (again, something that may add weight to your case). I think it is definately worth your time getting some legal advice. I suspect a fair few solicitors will give a brief consult on this without charge.
(Deleted comment)
gingerboy From: gingerboy Date: July 15th, 2005 06:43 am (UTC) (Link)
*nod* I was done doing 57 in a 50 zone one time - darn annoying that they got rid of the 10%+3 rule!
ehrine From: ehrine Date: July 14th, 2005 11:16 pm (UTC) (Link)
You might find this website interesting/useful if you've not found it already.
ehrine From: ehrine Date: July 14th, 2005 11:17 pm (UTC) (Link)
sobrique From: sobrique Date: July 15th, 2005 08:01 am (UTC) (Link)
which website?
ehrine From: ehrine Date: July 15th, 2005 09:21 am (UTC) (Link)
gingerboy From: gingerboy Date: July 15th, 2005 08:38 am (UTC) (Link)
Another good web site to read up on is The Speed Trap Bible.

There's an interesting section on getting your spouse or solicitor to fill out your "Notice Of Intended Prosecution" form, but not sign it. Apparently legally the form has to be filled out, but there's no legal requirement for it to be signed. Since it's not signed, it's inadmissible as evidence and hence is not a legal confession of your speeding.
crashbarrier From: crashbarrier Date: July 15th, 2005 08:45 am (UTC) (Link)
Does your "busted" ticket include a photograph of you speeding?
sobrique From: sobrique Date: July 15th, 2005 02:44 pm (UTC) (Link)
No. It's a 'notice of intention to prosecute' including a mandatory request to identify the driver.
From: (Anonymous) Date: July 18th, 2005 09:14 pm (UTC) (Link)
If there is anyone else 'who' could of been driving your car raise the possibility with the Police and ask them if they can identify the driver from the Potograph.

You cannot be done over for something you *might* have done, and neither can the owner of the vehicle be given points for something done by someone else. At this juncture the weight is on the Police to identify the driver so the relevent person can be prosecuted.

Someone is actually taking these notices to the Hague at the minute as in effect the Police are attepting to extort a confession out of the victim and that is against the European Human Rights we signed up to not so long back.

I have a disk around here somewhere on saving your licence, drop me a text with your addy and I'll mail it to you.

D.
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