Motoring Solicitor Richard Silver believes thousands of speeding convictions on the M42 motorway should be scrapped because speed limit signs did not comply with UK regulations.
The announcement by The Crown Prosecution Service that signs on the M42 were showing numbers taller and narrower than regulation, means convictions going back to 2006 could be affected, with motoring solicitor Richard Silver believing that this should lead to all speeding convictions on the M42 being overturned.
This is because a person cannot be convicted of breaking a variable speed limit if the correct sign is not displayed. In order to be valid, the sign must comply with strict rules in relation to the size and proportion of the numbers. In this case, the Police have admitted that the numbers on the sign were taller and narrower than they should have been.With this announcement, motoring solicitor Richard Silver believes that any cases should be made invalid:
“The legislation is quite clear. If a sign is not the correct size and proportions, a driver should not be convicted. Cases against three of my clients have already been discontinued. Drivers who unwittingly pleaded guilty should have their convictions set aside. Anything else would be unfair. It remains to be seen whether or not the Crown Prosecution Service will put up a fight.”
“It wouldn’t be the first time that something like this has happened. A few years ago, I acted for a driver who whilst representing himself had pleaded guilty to speeding on the M6. Although the Police eventually admitted that the speed camera had not been properly type approved, the prosecution wouldn’t agree to the conviction being set aside. It was only when a District Judge granted my application to set aside the conviction and remove the points that the CPS finally agreed to drop the case.”
In 1991 the High Court had to quash the convictions of hundreds of drivers who had pleaded guilty to drink driving. This was because they had been unaware that the blood tests on which the prosecution relied had been taken using cleaning swabs which were contaminated with alcohol.
To find out more or to make contact visit: www.richardsilver.co.uk
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