Faulty Signs on M42 Should Void Previous Motoring Convictions

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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.

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The legislation is quite clear. If a sign is not the correct size and proportions, a driver should not be convicted.

According to a BBC article posted on 09/03/2012, the announcement by The Crown Prosecution Service, that signs on the M42 were showing numbers taller and narrower than regulation, could mean convictions going back to 2006 could be affected. Motoring Solicitor Richard Silver believes that this should lead to all speeding convictions on the M42 being overturned.

According to the BBC article, 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.”

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