Author Topic: Defending a speeding ticket in court - 35 in a 30 zone  (Read 11967 times)

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Defending a speeding ticket in court - 35 in a 30 zone
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The offence: I was driving 35.2 mph in a 30 mph zone in a rural area last month.

After some careful research, I'm considering defending the speeding ticket in court and pleading not guilty. I appreciate the risks, the additional costs that might entail if I lose etc.

Not in my favour: There are markings on the road (multiple white lines that speed cameras use to measure speed), there were warnings on the side of the road that speed cameras are in operation, the camera itself was painted bright yellow (so very visible). The Notice of Intended Prosecution was sent within 14 days and I replied to say I was the driver. They provided a link to calibration of the camera and it was last calibrated / inspected in March this year.

There is never any excuse for speeding and over 30 years of driving I've had only one other speeding ticket (also 35 mph in a 30 mph zone). I didn't feel that ticket was fair but I didn't have the time to fight it in court so just accepted the penalty points. This time I want to take my chance in court. I'm not a lawyer but I have some experience defending myself as a litigant in person in other (civil) cases (including at the High Court in London).

I'm aware I can talk to a solicitor about this, but I'm hoping to sound out the experienced and savvy members here first.

The core of my (intended) defence:

1. I returned to the area and measured the 30 mph sign. It is 25 cms across (dia). Some research of regulations online suggest it needs to be at least double that size - 50 cms in diameter (if anyone has any info on this, it would be appreciated). I've taken photos of the sign.

2. The road on which I was photographed had no speed limit signs from the start of the road till the point AFTER where I was photographed. If there had been a 30 mph sign at any point on the road before the speed camera, I'd have dropped to 30. But the only speed limit sign on that road is immediately after the location of the speed camera. I've now taken a video of the entire length of road from the start of the road to the point of the speed camera and the only 30 mph sign.

3. It could be argued that the street lights should have been an indication of the 30 mph speed limit, and I accept this. However, there weren't street lights at the start of the road, as it was an open area with fields on either side. As I came into the built up area (with street lights) I started to slow when I noticed the street lights, but hadn't slowed enough by the time I got to the camera. I appreciate this may be the weakness in my defence.

4. This is an area that I had never been to before (far from where I live) and I wasn't aware of the speed limits on this road so would have been relying on speed limit signs.

Before I formally choose option 3 (going to court rather than the other options they've offered of doing a course etc) do you savvy folk have any tips?

Also, when it comes to the hearing, could I ask for it to be transferred to a court near me or would it be at a court in the county where the offence occurred?

Many thanks in advance.
« Last Edit: July 11, 2024, 08:23:16 pm by MSP3 »

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Re: Defending a speeding ticket in court - 35 in a 30 zone
« Reply #1 on: »
A system of streetlights = 30mph limit. Only signage is the gateway. No other signage allowed (though a combined 30/speed camera sign is allowed).

A 30mph without streetlights requires repeaters. There are many of these in unlit rural areas.

I imagine you measured a repeater.

A map link will solicit other views as to adequacy of signage. In the latter case separation distance can be an issue.

Most will, of course, be adequate.
« Last Edit: July 11, 2024, 08:29:27 pm by slapdash »
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Re: Defending a speeding ticket in court - 35 in a 30 zone
« Reply #2 on: »
If you post a Google maps link to where you were (and in what direction you were travelling), people might be able to help you find the gateway 30 sign or at least where it should be. You might be able to correlate that with your video.

Re: Defending a speeding ticket in court - 35 in a 30 zone
« Reply #3 on: »
1/ Poor/inadequate signage is NOT a defence on a restricted road (system of street lighting every 183m or less).

2/ As above, not needed on a restricted road (as intimated in the Highway Code).

3/ It's not a weakness, it's a failure

4/ As 3.

You'll be passing up a £100 (ish) awareness course (presuming it's England/Wales and you haven't done one before) for a court case with means tested fine and points and (if in England and Wales) prosecution costs which would see your total bill heading towards £1000.
There are motorists who have been scammed and those who are yet to be scammed!

Re: Defending a speeding ticket in court - 35 in a 30 zone
« Reply #4 on: »
Thanks for your replies, everyone.

It looks like defending might not be a good idea in this case. I'll take one of the other options.

I appreciate your inputs.