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: 69793
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have just received a notice of intended prosecution.

Customer Question

Hi
I have just received a notice of intended prosecution. For the alleged offense of excess speed - 50mph Motorway variable Speed limit.
I was doing 69mph.
I am certain that the last gantry sign I went under had reverted back to the national speed limit, which is why I was doing 69mph. I travel this Motorway daily and am mindful of speeding so would not speed up unless it was clear to do so. I feel that the camera and gantry signs were out of sync.
What are my options? Must I just accept this? Or how can I prove this? I already have 3 points on my license.
Thank you,
Leanne
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you prepared to risk a costs order at court if you lose?
Customer: replied 1 year ago.
I dont really have an extra £520 to lose but I fee frustrated that I just have to take this on the chin. I am sure that the gantry signs had changed. How can we check this?
Surely there is somewhere where it can be checked. How will they prove that the signs were still saying 50?
Expert:  Jo C. replied 1 year ago.
Well, there isn't a way of doing that.
Gantry signs are normally just advisory only unless they are surrounded by a red circle indicating a temporary reduction.
The only way to check that is to refuse the fixed penalty offers, wait for the summons, plead not guilty and then put in a defence statement asserting the signs were inadequate which would then prompt secondary disclosure from the Crown. It might be that they would respond to a simple letter though.
The trouble with this is that you are taking a risk. It might pay off. They might fail to summons. That does quite regular happen. If it does that is wonderful.
But if you lose then costs could be onerous.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Hi ***** write to them,what should say? how should I word a defence statement? I am certain that the national speed limit signs were up.Thanks
Expert:  Jo C. replied 1 year ago.
You have to refuse the fixed penalty offers, wait for a summons and then enter a not guilty plea first.
Thereafter you would need to engage a solicitor really to write a defence statement. You might be able to just write them a letter instead if you are unrepresented.
Customer: replied 1 year ago.
So is it worth entering into a discussion on the email address provided?
Customer: replied 1 year ago.
What is secondary disclosure from the crown?
Customer: replied 1 year ago.
I really would like to defend my case, but it seems like my word against theirs. how can it be proved what time the speed restriction was lifted?
Expert:  Jo C. replied 1 year ago.
They would produce evidence of that. Probably a statement from the operator or a computerised print out depending upon how it was operated.
Customer: replied 1 year ago.
it looks like I stand not chance, other than hoping they forget to summon me.
Expert:  Jo C. replied 1 year ago.
Generally speaking the odds are always against you at the magistrates court. They are not really a fair tribunal. You do take a risk. It might pay off. It does sometimes.
Customer: replied 1 year ago.
Ok Jo,Thanks for your advice. I am gonna sleep on it. Thanks again, and good night!
Leanne
Expert:  Jo C. replied 1 year ago.
No problem. All the best.
Customer: replied 1 year ago.
Hi JoIf I get convicted how many points am I likely to get? And how long do they stay on my license for?Thank you,Leanne
Expert:  Jo C. replied 1 year ago.
Hi. If this is 69 mph in a 50 mph zone then I would expect 4-6 points.
Expert:  Jo C. replied 1 year ago.
Please remember to rate my answer.
Customer: replied 1 year ago.
How long do they stay on my license for?
Thanks
Expert:  Jo C. replied 1 year ago.
.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi JoThanks for all your help. I love the "."That was me told...;-)I will google the length of time the points stay on if you don't know! I will however not be asking for more help, as I am saving for my impending fine. grrrrrrHave a triffic weekend, and I hope I don't need your services again....But you just never know. I do a lot of driving!Kind regards,
Leanne"..."
Expert:  Jo C. replied 1 year ago.
Sorry?
I'm not sure what happened there! I think I must have hit answer on the ipad.
Points stay on your licence for 3 years for the purposes of the totting provisions, 4 years for the purposes of the DVLA and usually 5 years for your insurance company.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice