speeding offence

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Mon 27 Jun 2011 10:19
speeding offence - captain07

Hi,

I've recently incurred a speeding fine.

The speed restriction signs were obstructed by foliage and I didn't notice them.

I have appealed against the offence sending them photographic evidence of the scene but "after careful consideration" they were unable to excuse the offence.

The sign on the opposite side of the road was almost completely hidden behind the tree foliage and the near side sign was much less hidden but never the less my view of it was obstructed.

What is the law regarding the display of speed restriction road signs?

Do I have a case that would stand up in court?

I do realise that you don't have the photograph's to help you but I would be grateful if any one could throw some light on the situation for me.

Chris G

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Mon 27 Jun 2011 15:03
speeding offence - Cris_on_the_gas

Hello Chris.

This must depend on a few things. How much over the speed limit were you travelling ?

What was the speed limit?

Cheers

Chris

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Mon 27 Jun 2011 15:21
speeding offence - Dwight Van Driver

Coombes v DPP [2007] read up at

http://www.honestjohn.co.uk/faq/speeding-defences-1/

Now here is the problem. Unlike Parking f ines that you can take onwards after a first rejection in this case the next step would be to reject the Conditional Offer and opt for a Court case with a Not Guilty plea on the grounds stated in the above case. All evidence available i.e. photos should be used.

Also use the above case as a Keyword and google for more posts on this point.

If it were me then I would write back pointing out the above case, if you consider it applies , respectfully pointing out that you seem to have case for a dismissal of the charge and thereby not wastiong the time of CPS and Court.

They may again reject and institute Courty proceedings whereby you have the option of NG plea and stating yiour cxase at Court,.

dvd

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Mon 27 Jun 2011 16:11
speeding offence - Dwight Van Driver

Bit more:

http://b************************k/tol/business/law/reports/article1265010.ece

dvd

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Mon 27 Jun 2011 16:13
speeding offence - Dwight Van Driver

If that doesnt open try

http://tinyurl.com/6cr89cn

dvd

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Mon 27 Jun 2011 22:13
speeding offence - captain07

Hi Chris,

I travelling at 50mph the speed limit was 40mph.

thanks for your time in replying.

Chris G.

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Tue 28 Jun 2011 12:32
speeding offence - Cris_on_the_gas

Hello Chris

OK if you were doing 50 in a 40 that is only just over the 10% plus 2 margin that is generally allowed. So in a 40 limit , 47mph your in the book. Were you not offered a speed awareness course ?

What was the distance between the obsured sign and where you were clocked ?

As it was a 40 limit were there street lights or repeater signs between the obsured sign and where you were clocked ?

Street lights means the speed is 30 unless repeater signs are displayed, no street lights means NSL unless signed.

Guess you could go to court and argue case, but then you might get stung for more that £60 and 3 points

Good luck ...

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Tue 28 Jun 2011 12:39
speeding offence - RT

OK if you were doing 50 in a 40 that is only just over the 10% plus 2 margin that is generally allowed. So in a 40 limit , 47mph your in the book. Were you not offered a speed awareness course ?

10% + 1mph is the allowable figure you refer to, 10% + 2mph is where prosecutions start - but it's not universal and it's certainly not a right.

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Mon 27 Jun 2011 22:20
speeding offence - captain07

thanks DVD for your input.

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Tue 28 Jun 2011 02:03
speeding offence - jamie745

This is a common problem with alot of roads which have constantly changing limits. Ive been on some roads recently where it goes 40, 50, 40, 60, 50, 40 all in the space of two miles, with surprise surprise a speed camera at every turn.

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