Free Traffic Legal Advice

Quote from: ohmygod on March 19, 2025, 10:27:05 pm

Could such an argument be used as mitigation while pleading guilty rather as an outright defence?

The problem you have is that it is not really mitigation.

“I wasn't paying sufficient attention and therefore missed the big terminal signs” doesn't really cut it.

I suspect deep-down that you know that already though.

I actually believe I was paying attention (even if I missed the initial signs) but what I'm understanding from comments is that it's almost impossible to defend against strict liability.

I definitly will prepare the EH plea as the ban and points is going to affect my other half more than me.

But I do think there is an argument to be made that the signage wasn't adequate in the section - as it was an average speed camera - the facts are that I'm being accused of speeding across the whole stretch of motorway from Jct35A-35 and not at a specific point.

If I pleaded guilty or was found guilty do I have criminal conviction that is always on my record?

Effectively missing 4 signs - the argument that you believed the NSL was in effect would be a challenge.  (There appears to be other indications such as cones and closed lanes)

Aren't the other signs or cones irrelevant in this case? They're not conveying the speed limit information and thats what I'm being charged with?

Your argument seems to be that if you had been reminded of the lower limit some 150 yards sooner, your average speed would have been below 57 mph. Are you sure? In any case, any speed above 50 is speeding, so you would still be guilty.

I accept I didn't register the speed change at the terminal signs (it was dark and my attention was not caught by it), but I did react to the next sign.
The camera is positioned around 210m after the terminal signs. The repeater is another 290m after the camera.

I would say the speed was being enforced by the camera before adequate guidance had been given on the speed limit. In terms of what adequate would look like I would refer to the 350m recommended of repeater after a terminal sign in the TSM.

And it's an average speed camera, so probably over 1/2 mile and the first repeater is therefore a moot point - there would be more opportunities to realise the limit was in force and reduce speed - to well below the limit if required to bring the average out at under the enforcement point.  Do you have the makings of an Exceptional Hardship argument?

The violation report I received states the distance between cameras as 0.677 miles. I think if the repeater was in the 350m distance and I reacted to it my average speed would havebeen lower than 10% + 2.

I've made the hardship argument in my SJPN plea - basically my car is through employer and is the only one in my household. I'll lose it with the 12 points ban my other half suffers health issues and will be severely impacted by not having a transport to attend her medical appointments. (We both work over 300 miles from our permenant residence)

Hi. Appreciate some advice on my predicament.

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I was clocked doing 59 mph between the M1 J35a-35 Southbound where a 50 mph speed limit was being enforced using average speed cameras due to roadworks on the smart motorway. The offence was back in October 2024 and it's progressed all the way to SJPN because if I'm convicted I'll be due a 'totting up' driving ban.

I've got 9 points from three previous SP50 convictions in the last three years. (none were excessive speeding, two were due my unfamiliarity with variable speed limits on smart motorways). I've pleaded guilty on the SJPN because I only saw the letter on the deadline and didn't have time to look into whether I had a valid defence.

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However looking into it the charge and facts I'm wondering whether I have a mitigation or defence?

In this section of motorway the 50 mph speed limit came into force with temporary fixed plate signage which I must have missed (unlike me since I'm already on 9 points I have been very careful to always react to the speed limits), I've carried on assuming 70 mph speed limit applies  and then when I've seen the next 50 mph repeater with camera sign I've slowed down. However because I've already entered the speed camera timing zone by the next camera my average speed is still above the limit.

Checking on Google Maps the repeater sign is postioned approx 500m after the 50 mph terminal signs. Do I have an argument that I did not receive sufficient signage to know that the national speed limit no longer applied. My understanding is for 50 mph limit on the motorway a repeater should be placed 350m after the speed limit change)? If the repeater was placed in the recommended distance I would have reacted earlier to the 50 mph change.