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: Traffic Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

Hello, I have received a NIP for doing 40mph in 30mph zone.

Customer Question

Hello, I have received a NIP for doing 40mph in 30mph zone. The manned camera was within the 30mph zone which is 500m in length (distance from roundabout to the 50mph sign). The manned camera was somewhere in this 500m 30mph section and recorded my speed of 40mph going out of the 30mph zone towards/ into the 50mph zone.
I am contending that it could be feasible that the picture at 40mph could have been taken when I was actually in the 50mph zone. As such I would like to ask for information on where exactly the officer was positioned along the 30mph 500m of road in question and also ask for a picture of the vehicle that allows me to see it in the context of the surroundings.
I have read that the Police do not have to supply me with any information at all until it goes to court should I decide to defend it. However I think my request for information is reasonable as it would then provide me with sufficient information to either accept the NIP or alternatively decide to defend it.
I am sort of expecting the response to my request to be something like they are not obliged to provide this information. But is the above not a reasonable approach? I understand that a court would expect parties to endeavour to resolve matters without the need for court intervention or is that only in a civil case?
Thank you
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you speeding?
Customer: replied 2 years ago.

I am not 100% sure on that. I say that as I know that stretch of road and that it is monitored by the police and I therefore have a more than heightened vigilance through that zone before the 50mph zone. It may be that I started to increase my speed approaching the 50mph sign. In fact it is a possibility that that could well be the case.

I guess whoever mans the camera would know if the picture was taken in the 30mph zone or not.

Customer: replied 2 years ago.

I am not 100% sure on that. I say that as I know that stretch of road and that it is monitored by the police and I therefore have a more than heightened vigilance through that zone before the 50mph zone. It may be that I started to increase my speed approaching the 50mph sign. In fact it is a possibility that that could well be the case.

I guess whoever mans the camera would know if the picture was taken in the 30mph zone or not.

Expert:  Jo C. replied 2 years ago.
Has anybody warned you of the risk of costs?
Customer: replied 2 years ago.

I have read about this and also that a judge would likely not look favourably if I am guilty ..... I understand that there is also the potential for an increase in fine etc.

My question is one of is the information that I am requesting reasonable? Do both parties not need to endeavour to reduce costs and as such sharing information to this end would be expected by the court, if indeed it did get to court?

Expert:  Jo C. replied 2 years ago.
No, in short.
With a criminal case, the Crown discloses the information upon which it relies to bring a prosecution at the time of first appearance.
If you want them to disclose more information you have to put in a defence case statement setting out your defence. The Crown should, and generally do, then assess their unused evidence and disclose anything that assists your defence and undermines their case.
There are specific time limits for that. The Crown will not comply with them. They never do and there are very limited consequences. You could get it listed for non disclosure but I always find it is better to just write to them.
Usually they just disclose on the morning of trial. If you have to plead at that time then you can resist a costs application on the basis that you only pleaded late because they didn't disclose in time and sometimes it finds favour and sometimes not.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70003
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

Understood. Thank you.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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:

    3104
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3104
    Over 5 years in practice.
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    6
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    130
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor/Partner

    Satisfied Customers:

    81
    Partner in national law firm
  • http://ww2.justanswer.co.uk/uploads/AM/amesaw/2016-10-14_195646_fgrimsleeperc.64x64.jpg Jamie-Law's Avatar

    Jamie-Law

    Solicitor

    Satisfied Customers:

    51
    Solicitor
  • /img/opt/shirt.png LondonlawyerJ's Avatar

    LondonlawyerJ

    Advocate

    Satisfied Customers:

    12
    I am a solicitor with particular expertise in road traffic law.