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: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have been caught speeding doing 35 in a 30 limit. It was

Resolved Question:

I have been caught speeding doing 35 in a 30 limit. It was in a TVR and I have checked and the wheel sizes are not as original and I wasn't told this when it was bought. The result is due to radial effect my speedo records 30 and the actual speed is 34. Can I use this to challenge the NIP as a mitigation type plea.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Its not particularly good mitigation I'm afraid. Ultimately, the Road Traffic Act imposes obligations upon drivers to ensure their vehicles are fit which does include not giving a false impression about speed.
In any event, if this is a 35 mph in a 30 mph zone then the fixed penalty would be appropriate of 3 points and a fine of £100 so whether or not you have mitigation matters not. There is no variation from that penalty.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks.already on 11 points so guess Im looking at a ban. But thanks anyway

Expert:  Jo C. replied 2 years ago.
Unless you can convince them that you will suffer exceptional hardship if banned.
Customer: replied 2 years ago.

Unfortunately did this 11 months ago so don't hold out any chances with having it again as the last time is was around detriment to the business and employees. The only other hardship is to myself as I have a registered disability (spinal injury - resultant nerve damage) which restricts walking.

The only hope I have is to have a reduced ban and place what I can to support this hence the question on the speedo.

Expert:  Jo C. replied 2 years ago.
Its not a defence sadly to say that your speedometer gave a false reading for whatever reason.
Jo C. and other Law Specialists are ready to help you