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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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I received two nips stretch of road, recorded at the

Customer Question

I received two nips for same stretch of road, recorded at the same time date etc, but both had differing mph`s, one for 47 and one for 51 in a variable speed zone of 40mph. filled both forms in, pointed out this fact and they cancelled higher speed. this information has been withheld from charge sheet and speed unit have stated they have not withheld anything that might help defence, ( it suits them to do this I assume). I have pleaded guilty by post as I have to appear at the court under the totting up procedure and this is at the other end of the country to me (Bath) and engaging a solicitor .probably having to go to a higher court at a later date. finances dictate this is not an option. I have stated the fact that I am pleading guilty but I am confused as to how they can arrive at two different speeds, and just hoping the magistrate and the legal person advising in court see this as a bit of a cock up but maybe not
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your question about this please?
Customer: replied 1 year ago.

as I said originally two nips two speeds both at same time and date which is impossible, nip for 47mph second for 51mph in a variable speed limit zone but to my knowledge I always assumed it was 50 mph there , I did not see a sign and other vehicles were in front of me doing 5mph as proven by photographic evidence, speed unit cancelled higher speed after I informed them of this. what else would you like to ask me thanks

Expert:  Jo C. replied 1 year ago.
I need to know what your question is about this?
Customer: replied 1 year ago.

Jo We seem to have a problem I am answering your questions but being asked to repeat my question tommy

Expert:  Jo C. replied 1 year ago.
I'm afraid that your posts above do not contain a specific question?
Customer: replied 1 year ago.

My question is given the sequence of events and differing speeds recorded have I got any chance of the court seeing this charge as laid in error and thrown out

Expert:  Jo C. replied 1 year ago.
No.
You have to be realistic. They are not going to do that.
This is just the usual nonsense charging that is quite common in CPS.
All they would have done is amend the charge. Since you have pleaded they don't need to.
It isn't really clear from your post above what has actually happened. It might well have been a very bad idea to plead to both offences if there is dispute over whether they are both made out but you have done it now.
Given that you have already pleaded guilty they will just sentence you for both offences.
It wasn't ever going to be thrown out in entirety but it might have been correctly charged if you had not pleaded guilty. But you have I'm afraid.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thank you but as I have said they have cancelled higher speed, Bye Tommy

Expert:  Jo C. replied 1 year ago.
Ok.
Good luck.

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