Driving in contravention of ‘no-entry’ sign – Lanark JP – 13 November
This was a rare case of successfully defending a person who allegedly contravened a no-entry sign. The alleged offence took place at night and our investigations established that the sign in place at the time was not lit as required by regulations. By the time the case came to court, the signs had actually been replaced with compliant signs. There is always a concern that the police will (by mistake of course) give evidence that the compliant signs were in place at the time of the alleged offence. We therefore took the precaution of an FOI request to the council. The response confirmed that, at the time of the incident, the older non-compliant signage was in place. As such the no-entry sign had no legal basis and our client was acquitted. Such ‘narrow’ legal defences (colloquially known as ‘loopholes’) are one of our specialties. It is the kind of case when other lawyers comment to us ‘that was easy. Why is it you get so lucky?’ Our reply is it was only ‘easy’ because the case was prepared and because we were aware of the obscure piece of legislation requiring that the sign was lit. By focusing only on road traffic work, we have both the knowledge and the time to ensure cases like this SEEM easy.