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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I have been accused of doing 35 mph in a 30mph zone. I was

Resolved Question:

I have been accused of doing 35 mph in a 30mph zone. I was caught on a fixed roadside camera, but the notice of prosecution says it was 'manned equipment'. Could I plead not guilty to this,as it is not correct? I was, anyway, thinking of pleading guilty,but arguing that £100 fine & three points on my licence, is totally disproportionate.
I should value your advice.
Thank you, XXXXX XXXXX Davies

XXXXXXXXXXX /01792 850 618

[email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Were you speeding please?
Customer: replied 3 years ago.

 


I was unaware that I was speeding- I was accused of doing 35 mph.


I don't suppose there is any way I can deny it, it is just that I thought I may be able to plead not guilty to being caught by'manned equipment', when it was a fixed roadside camera

Expert:  Jo C. replied 3 years ago.
Thanks.

What I need to know is were you speeding?
Expert:  Jo C. replied 3 years ago.
Or do you just not know?
Customer: replied 3 years ago.

As I said, I was doing ,I thought, 30mph, How can I deny that it was 33 or 35 mph. I just want to know if the fact that they said it was a manned camera would invalidate their case against me, because it was a fixed unmanned camera that took the picture

Expert:  Jo C. replied 3 years ago.
I see.

If that is your only question then its bad news.

Whether it was manned or fixed or misdescribed on the NIP or not described at all is a non issue.

It certainly doesn't invalidate the prosecution but then, in truth, not much does really actually invalidate a prosecution.

This particular point though isn't really even a credibility point that could be taken at trial. It is literally just a non issue.

I'm very sorry but thats your position.

Can I clarify anything for you?

Jo
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