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Not Guilty Speeding Inadequate Signage

Kept Licence
Falkirk Sheriff Court and Justice of the Peace Court

This matter called for trial in Falkirk Justice of the Peace Court on 28 February 2019. Our client had been charged with speeding however maintained that the signage at the locus was inadequate to warn him of the change from national to 30mph. Photographs produced by the defence clearly demonstrated that the signage was lacking with one of the terminal signs having been knocked off following an unrelated road traffic accident.

Even in the face of clear evidence that the signage was inadequate, two Police officers testified under oath that they considered the signage to be satisfactory and adequate to warn drivers of the change in speed limit. Thankfully the presiding Justice of the Peace disagreed and acquitted our client in terms of s.85(4) of the Road Traffic Regulation Act 1984 which prevents a court convicting a person of speeding when inadequate guidance is provided by the speed limit signs (or lack thereof in this case).

We made repeated representations to the Crown about this case on the basis that the prosecution was clearly not in the interests of justice however the organisation was unmoved by our efforts. Our client had managed to secure funding for his representation through a legal expenses policy so thankfully we were able to deliver an acquittal without impacting upon our client’s wallet.

Published: 04/03/2019

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