Judgement on Speed Limit Postings

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Thu 21 Dec 2006 03:28
Judgement on Speed Limit Postings - Honestjohn
A helpful legal precedent from tireless campaigner, Idris Francis:-

Date: Wed, 20 Dec 2006 17:01:31 Hedge helps man beat speed fine

A motorist has won a High Court battle to overturn a speeding fine after arguing he could not see the roadside warning signpost.

John Coombes, from Wells, Somerset, was fined for speeding in a 30mph zone near the city in 2005.

He argued that an overgrown hedge meant he could not see a signpost warning of the restriction.

His conviction was quashed by two senior High Court judges in London on Wednesday.

This judgment has confirmed what many motorists have always felt

They ruled that, because of an obscured sign, he had not had sufficient warning that he was passing from a 40mph zone into a 30 mph stretch.

Mr Coombes' solicitor, Jeffrey Bannister, said: "This judgment has confirmed what many motorists have always felt. "Namely that they should not be convicted if trees and hedges overhanging or obscuring signs mean they cannot properly see the signs, and they are not given adequate notice of changes in the speed limit."

Mr Coombes was caught in a police speed trap on the B3139 Bath Road at Horrington near Wells last July.

He was convicted of speeding by Mendip magistrates in January 2006 and fined £250 and ordered to pay £150 legal costs.

At Bristol Crown Court, both conviction and fine were upheld in April 2006, and he was ordered to pay an extra £229 legal costs.

The High Court said his legal costs should be reimbursed out of public funds.


HJ
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Thu 21 Dec 2006 07:45
Judgement on Speed Limit Postings - Dwight Van Driver
I presume this will be known as Coombes v DPP [2006] HJ?

Any news from I.F. when the big decision will be pronounced???????

dvd
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Thu 21 Dec 2006 09:29
Judgement on Speed Limit Postings - No FM2R
>>He was convicted of speeding by Mendip magistrates in January 2006 and fined £250 and ordered to pay £150 legal costs.

That seems very heavy for 39mph in a 30 Limit. Or was he breaking the perceived 40mph limit as well ?
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Thu 21 Dec 2006 09:36
Judgement on Speed Limit Postings - sierraman
Some 40m.p.h. limit signs on a dual carrigeway were sprayed over during roadworks some time ago.They have been that way since,so,presumably,it would be possible to get away with doing 70,don't think I'll try tho.
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Thu 21 Dec 2006 10:52
Judgement on Speed Limit Postings - martint123
That seems very heavy for 39mph in a 30 Limit. Or
was he breaking the perceived 40mph limit as well ?


That's what tends to happen if you take it to court though isn't it?? - don't the scamera lot threaten you with fines of "up to" £1000 ??

Martin
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