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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 80004
Experience:  Over 5 years in practice.
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Speeding fine

Customer Question

speeding fine
Submitted: 14 days ago.
Category: Traffic Law
Expert:  Jo C. replied 14 days ago.

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

Customer: replied 14 days ago.
hi there ive just been hit with a Notice Of Intended Prosecution (speeding fine) i was caught doing 75mph in a temporary speed zone of 50mph at approx 1AM. I belive the temporary limit was for roadworks although no traffic cones or workmen were present at this time in the morning. im just wondering what are my options. i can provide photos of the documents sent to me and pictures taken of the offence. im not too concerened about the £100 but would rather not have the 3 points on my licsense. this is the first time ive been caught speeding
Expert:  Jo C. replied 14 days ago.

Ok, so what would you like to know?

Customer: replied 14 days ago.
do i have any grounds to contest with regards ***** ***** time of day the incident occured and no workmen present,or is there any way just to pay a fine rather than incur points on my licsense
Expert:  Jo C. replied 14 days ago.

Were yo uspeeding?

Customer: replied 14 days ago.
Expert:  Jo C. replied 14 days ago.

Thank you.

I am sorry but I cannot giveyou good news. I'm afraid you are in difficulty here.

I have to tell you the truth.

If you are trying to argue that the speedlimit should not apply because there were no workmen then I’m afraid that isjust wrong.

I do understand why it is annoying but even ifthe signs were inadequate, national speed limits would apply and you were stillover 70 mph.

I’m afraid you are not facing 3 points. This is nearly 50% over the limit. You are facing either 6 points or a short banand you are at the top of the range.

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/

Im really sorry but that is the position.

I am sorry but I have to tellyou the truth.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer to everylegal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a countycourt judge in a civil case or from the magistrate in a criminal case heard inthe magistrates court or the jury in Crown Court.

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo