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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12176
Experience:  30 years as a practising solicitor.
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I have been accused of doing 59 mph in a 40 zone driving

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hi i have been accused of doing 59 mph in a 40 zone driving a class 2 vehicle.This was an average speed over 16 sec.This was a downhill rd approx 35-40 degrees.My vehicle had a speed restriction of 55 mph with abs brakes and weighed just under 14 ton. this would suggest i free run down this road without breaking.I do not believe this is possible as the road had a sweeping left hand corner which if i didnt break i would have ended up off the road as the vehicle i was driving was a removal van with a 12 feet 9 height and about 13 feet long.which would suggest that i would have had to gone above 60 mph to get this average speed yet my digi card and tacho machine did not register an overspeed warning which would be recorded. I have pleaded not guilty to this offence and appear in court at the end of this month.
I am a solicitor in Scotland and will try to help you with this. What legal information are you seeking?
Customer: replied 2 years ago.
Basically I am wondering if I have a case that I could win and what I should say in court to help me
Customer: replied 2 years ago.
Would it be better to get a lawyer and on average how much it would cost
Thanks for your reply. If the theory narrated by you in your question is right then you would be found not guilty. The difficulty is that you have to prove that sort of defence and unless you have expert qualifications your evidence alone won't be enough. You will need a technical expert to do the calculations and put them before the court as an expert. Although this was not an accident, I suggest that an accident rconstruction expert would be an appropriate person as well as someone (perhaps the same person) who can interpret tachographs. Accident reconstruction technicians can calculate whether it would have been possible for you to drive that type of vehicle on that road at the speed alleged.
If I was your RTA lawyer that is the kind of thing I would be investigating in my preparation of your defence.
It would be a good idea to ask a solicitor to help you with this. It will cost about £180 plus VAT per hour as well as expert witness costs which we be the same or higher. The total depends on the time expended. Typically around 10-12 hours would be the time required but that can vary according to court delays, the number of meetings and documents required etc.
I hope that helps. Please leave a positive rating so that I am credited for my time.
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