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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 75286
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

I have a speeding charge which states speeding - exceed

This answer was rated:

I have a speeding charge which states speeding - exceed 30mph on restricted road - manned equipment but the limit was 60mph. I was travelling at 76 according to the manned equipment but the charge says exceeding 30mph. Im ver y confused
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: A483 Junction 7 Wrexhame
JA: Do you need to appear in court?
Customer: i have been asked to submit a plea so dont need to appear yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I also have a charge of failing togive information relating to the identity of the drive. This is because this was company work vehcile and I dont work there anymore. My former company gave the police my old address. As soon as I received a letter at my new address I responded.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Are you asking if this is a defence?

Customer: replied 12 days ago.
I just dont completely understand what I am guilty of. The limit for my vehicle on that road is 60mph the manned equipmetn recorded me at 76mph but the charge states exceeding 30mph on a restricted road. I also responded to the communication as soon as I received it at my new address, I cant be held responsible for poor administration within my former employer?

I see you have opened another question. You will be charged for that but you can get a refund on it by emailing [email protected]

Well, what have they charge you with ?

Customer: replied 12 days ago.
The charge sheet says.

On 06/08/2019 at PO BOX 53, PRESTATYN, DENBIGHSHIRE having been required by or on behlaf of the chief officer of police for NORTH WALES, failed to give information relation to the identifiction of the driver of a vehicle, namely a VAUXHALL FE67 WAU, who was alleged to have been guilty of an offence.

Charge 2
On 27/06/2019 at ROSSETT, WREXHAM drove a motor vehicle, namely a VAUXHALL FE67 WAU, on a restriced road, namely the A483, at a speed exceeding 30 miles per hour.

Legislation- 'COntrary to sections 81(1) and 89(1) of the RTA 1984 and schedule 2 to the RTOA 1988'

Oh right. Failing to name the driver then. Were you speeding?

Customer: replied 12 days ago.
I know im repeating my self but charge 1 I didnt get the paperwork to my new address until 24/10/2019 and responded immediately. They had been given my old address by my former employers lease company.

According to the manned equipment I was travelling at 76mph but the limit for my vehicle on that road is 60 mph. What is confusing me further is the 30mph part on the charge sheet It wasnt a 30mph road.

Yes, so were you speeding?

Customer: replied 12 days ago.
I cant say yes or no with any certainty due to how long ago it was. I can only go off the report produced which states I was.

Yes, but were you driving?

Customer: replied 12 days ago.
Yes I was the driver at that time.
I did let them know this as soon as I received the form asking me to acknowledge this.

Thanks for the information

 

You do have the option to attend court and offer to plead guilty to speeding in exchange for them dropping failing to provide. They would probably agree to that. I used to prosecute traffic courts all the time and when that offer is available it is rare that CPS don’t agree.

 

If they don’t though, you do have a defence to the charge of failing to provide because you couldn’t identify the driver as you didn’t receive the NIP. But you would need to have a trial to establish that.

 

Hope this helps. Please let me know if you need more information.

Customer: replied 12 days ago.
Thanks Jo.

Just one last piece of advice is the charge 'exceeding 30mph on a restricted road' the correct charge as the limit was 60mph?

I think it probably was a 30 mph zone. Or at least they are probably saying it was.

 

Customer: replied 12 days ago.
Its definately 60mph as the report produced by the office states I was travelling at 76mph on the A483 and the limit for my type of vehicle was 60mph. This is whats confusing me the most, the charge states exceeding 30mph on a restriced road but the evidence assesor states 'The speed of the vehicle was recorded as being 76mph. This is in excess if the speed limit of 60mph for that class of vehicle'

That would tend to suggest they are saying that there are parts of the road that are covered by a regular pattern of lights. what type of vehicle is it?

 

Customer: replied 12 days ago.
A van that comes under restrictions of 60mph on a national speed limit of a dual carriageway. Where yo ucould do 70 in a car im restricted to 60mph. Ive since been back down the road and theere is no 30mph sections

Oh is there restriction of the van then? Either way, you were speeding. The only debate is over the amount. Delighted to continue with this but please rate my answer.

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 12 days ago.
No Problem Jo. The manned speed camera suggests I was speeding and if thats the case then thats fine but I cant plead guilty to a charge of excedding 30mph if thats not accurate.
Customer: replied 12 days ago.
I just need to ascertain whether the charge is accurate to the event.

The charge is accurate. The question is what is the speed limit. But the first thing to do is get to court and sort out the failing to provide. You will have to argue over the speed limit and what their case is as well but we don't really know what they are saying at this stage.

Customer: replied 12 days ago.
ok thanks a lot.

No problem and all the best.

Please remember to rate my answer.

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/