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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My husband has received 3 Notices of Intended Prosecution within

Customer Question

My husband has received 3 Notices of Intended Prosecution within a week or so and he has sent back the forms accepting the offence. They were all speeding offences on a road with temporary speed limit because of road works (but the speed limit was maintained for a distance after the end of the road works, and it wasn't very clear - this is where he got all the tickets, as most other cars started accelerating in the same area). Is there any way he could have these converted to a lesser penalty? The first one has now returned with a 3 points & £100 penalty offer. Thanks.
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
What were the speeds and what were the limits?
Customer: replied 8 months ago.
Speed limit 40 mph (reduced from the regular 50 mph on that road - dual carriage way near the town) - speeds : 47mph, 48 mph, 50 mph.
Expert:  Jo C. replied 8 months ago.
OK. Im not sure which lesser penalty you were thinking of?
Customer: replied 8 months ago.
Me neither -- just hoping that he could somehow avoid having 9 points on his licence as he needs his car for driving to work (no public transport and 40 miles distance)... He believed the limitation was ending where the roadworks ended and drove closer to the "regular speed" (50), because others were doing the same - but clearly it was not...
Expert:  Jo C. replied 8 months ago.
The only hope is that they make an offer of the speed awareness course but it isn't likely as there are other matters.Normally to be eligible you have to be doing under a certain speed and have no previous matters. In fairness, he does not but there are outstanding matters.
Expert:  Jo C. replied 8 months ago.
The other alternative is that he puts the Crown to proof and waits to see if they summons him to court. They do forget sometimes.The risk is that if it fails he will get a greater costs order but he will still get the same number of points.Can I clarify anything for you?Jo
Customer: replied 8 months ago.
Apparently, the driver awareness course is only offered for the limit of 30mph, when the actual speed is up to 39 mph (the killers...) Anyway, the first offer of a fixed penalty has already returned - 3 points & £100 fine, so no course. The other two replies to the NIP were sent back in one envelope together with a letter explaining the situation and asking for leniency... We were wondering if it's worth taking the whole lot to Court or not. Are the temporary speed limits treated the same as permanent ones?
Expert:  Jo C. replied 8 months ago.
The speed awareness course is available to anybody who would be eligible for the fixed penalty.
Expert:  Jo C. replied 8 months ago.
Unless, of course, they are unsuitable otherwise.Yes, temporary speed limits are still lawful speed limits. If they have authority to reduce the speed limit and it covers that area and is in force and they are signed then that can be enforced.you can ask them to prove it but then you run the risks of costs.

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