Nottingham Magistrates’ Court today dismissed two speeding allegations on Woodside Road because of a missing lighting unit.
Pragma Law has today successfully defended an allegation of speeding after raising issues with a defective speed sign. Nottingham Magistrates’ Court subsequently dismissed the speeding case of a second driver whose case relied on similar facts. Lucy Whitaker and Maria Moore of Moore Motoring Law, a sister firm of Pragma Law, represented the motorists.
The drivers were driving their vehicles in the dark along Woodside Road in the direction of the A52 Derby Road back in January 2016. Both drivers had entered Woodside Road from the roundabout with University Boulevard. The mandatory ‘terminal’ speed signs warn drivers of a change in speed limit. These are sited on both sides of the road, shortly after the exit to the roundabout. However, one of the speed signs was unlit which made it far less noticeable in the dark.
As a result of the missing light, drivers travelling at night may not be aware of the limit changing from 40mph on University Boulevard to 30mph on Woodside Road. Both drivers had inadvertently exceeded the 30mph limit. It is a mandatory requirement for terminal speed limit signs to be lit throughout the hours of darkness.
The prosecution agreed that it was not in the public interest to proceed on this basis. The court dismissed both cases after the prosecution offered no evidence. Both drivers avoided penalty points and a fine. The court also ordered that the drivers should be able to recover some of their legal fees following the hearing.
At the time of writing, the lighting unit is still missing from the speed sign yet. However, the police appear to be continuing to enforce the limit at night. Many drivers may have lost their driving licence as a result.
If you think you may be affected by the above, please contact us as soon as possible.