Tuesday, 28 March 2017

Speeding charges thrown out because 30mph sign was unlit

Two motorists have had their speeding cases thrown out after a court was told that a 30mph sign on the road was not lit up. 
The light n Woodside Road (next to the University of Nottingham) was out on January 30 last year - and more than a year later, it is still not working properly is still without a lighting unit.

The problem was identified by specialist traffic lawyers when they noted a large number of cases coming from that stretch of road.

When two cases were taken to Court on Monday 27th March, the prosecution offered no evidence and the matters were dismissed. The motorists left court with no penalties.

The drivers thought they were in a 40mph limit in January last year. But their vehicles set off cameras because the road has a 30mph restriction.

Solicitor Lucy Whitaker of Pragma Law, who represented one of the drivers, said: "Both were travelling in the dark along Woodside Road from University Boulevard in the direction of Derby Road. University Boulevard is signed as a 40mph limit, and neither had seen the speed limit signs purporting to decrease the speed limit to 30mph as they entered Woodside Road. One of the two signs located on either side of the dual carriageway was unlit. That is in breach of the mandatory requirements. As a result our clients believed the speed limit continued to be 40mph, as it is along University Boulevard."

Her colleague Maria Moore, of Moore Motoring Law, added: "We were both delighted when the prosecution offered no evidence and the cases against each of our clients were dismissed.
"We wonder how many other motorists have been caught speeding in the dark, because of inadequate guidance of the speed limit."

Earlier in the day, two other drivers failed with claims that the road signs were inadequate during daytime when they were caught driving at over 30mph.

After seeing a video of a journey along the road during daylight, the judge said: "For the vigilant and observant driver, it provides adequate guidance. There is no room for confusion over the speed limit."


Source Nottingham Post

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