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Jo C.
Jo C., Barrister
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I have been caught speeding doing 35 in a 30 limit. It was

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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., Barrister
Category: Law
Satisfied Customers: 69779
Experience: Over 5 years in practice
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