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Variable Speed Limit - 38mph in 20mph on the 70mph M1 Motorway
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ezio1 said:So on what grounds would a defence even be made? Based on what you are saying @TadleyBaggie, 100% of individuals lose in court and there is zero defence.
The speed detected was incorrect and in fact you were not speeding
There was a defect with the signage
The TRO for speed limit was defective
There was a procedural error when serving the NIP, i.e. served after 14 days
Beyond that there is very little scope for a defence. All the things you mention could be mitigation and reduce the sentence but never a defence.3 -
Why do some people claim their driving licence is a necessity when caught speeding but they didn't think it important enough to regulate their speed.
I lived in a rural are with very limited public transport. Endless such claims were made that they wouldn't be able to get to their work if they were banned.
It didn't stop them having repeated speeding offences.
Cycling to work became a necessity for those banned.
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Nope, this simply will not wash.onlyfoolsandparking said:you saw the earlier speed signs, adjusted speed accordingly as you always do but 'missed' the 20 mph one in the blink of eye because it was dark etc etc
The OP was doing 40mph - he was covering 18 metres per second.
He has to be able to read the 79mm tall, 50mm wide characters on a number plate at 20 metres.
The variable speed limit signs are HUGE - 1200mm or 1500mm, IIRC.
They are BRIGHT.
They are EXPECTED...0 -
AdrianC said:
Nope, this simply will not wash. The OP was doing 40mph - he was covering 18 metres per second. He has to be able to read the 79mm tall, 50mm wide characters on a number plate at 20 metres. The variable speed limit signs are HUGE - 1200mm or 1500mm, IIRC. They are BRIGHT. They are EXPECTED...onlyfoolsandparking said:you saw the earlier speed signs, adjusted speed accordingly as you always do but 'missed' the 20 mph one in the blink of eye because it was dark etc etc0 -
TadleyBaggie said:ezio1 said:So on what grounds would a defence even be made? Based on what you are saying @TadleyBaggie, 100% of individuals lose in court and there is zero defence.
The speed detected was incorrect and in fact you were not speeding
There was a defect with the signage
The TRO for speed limit was defective
There was a procedural error when serving the NIP, i.e. served after 14 days
Beyond that there is very little scope for a defence. All the things you mention could be mitigation and reduce the sentence but never a defence.
Maybe my lack of understanding of the terms 'mitigation' and 'defence' may have been the issue here. I most likely do not have a defence, I would naturally plead guilty for it but I would mention the points previously. I will consultant a lawyer in the field aswell.
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Mitigation is definitely not a defence BUT it can have a positive impact on the sentence you will be handed out.0
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sheramber said:Why do some people claim their driving licence is a necessity when caught speeding but they didn't think it important enough to regulate their speed.
I lived in a rural are with very limited public transport. Endless such claims were made that they wouldn't be able to get to their work if they were banned.
It didn't stop them having repeated speeding offences.
Cycling to work became a necessity for those banned.
I did regulate my speed down to 38mph from 70mph but it then dropped to 20mph... I clearly didn't reduce it enough though. I have no repeated offences and lesson learned 100%
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AdrianC said:
but it then dropped to 20mph... I clearly didn't reduce it enough though.
You clearly didn't reduce it AT ALL from the 38mph you were doing through the 40 limit...
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ezio1 said:AdrianC said:
but it then dropped to 20mph... I clearly didn't reduce it enough though.
You clearly didn't reduce it AT ALL from the 38mph you were doing through the 40 limit...
Yes, as far as the charge you are facing goes, it IS exactly the same as 38mph in any other 20mph zone... because you are being charged with exceeding the speed limit, not dangerous driving.
Most primary school age children can tell you that 38 is a much bigger number than 20. And that is the entirety of the prosecution's case, because that is what you are charged with. No more, no less.0
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