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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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What section of the Road Traffic act deales allowes breach

Customer Question

What section of the Road Traffic act deales allowes breach of the speed limit when the driver is under duress and necessaty?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

There isn't a section of the road traffic act covering that.

The defence if duress is just a legal defence to any charge. The defence of necessity is basically the same thing. Its often called duress of circumstances

Its not a defence specifically provided for in the road traffic acts.

Its a high test though. You have to show that your life is literally under threat or you are at risk of serious injury.

Can I clarify anything for you?