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Speeding Case – Perth JP Scotland, April 2016

This was a speeding case at Perth. Our client was clocked by police officers at 50mph in a purported 30mph limit. The police were using a type-approved Unipar gun. The police had located themselves at the exit from a village shortly prior to an increase in the speed limit.

The speed limit was set by local order.

As part of our usual preparation, we obtained a copy of the local order. It made clear that the road was a ‘restricted’ road, set to 30mph by virtue of the presence of a system of street lighting. The only problem for the Crown was that, by the time our client’s speed was recorded, the system of street lighting had ended. This meant that we were able to argue that the speed limit was illegal.

In any speeding case, the Crown must first prove that there is a legally enforceable speed limit. Without that, it is irrelevant what speed is recorded. The vast majority of the time, the speed limit IS legally enforceable. Alternative defences in a speeding case will then come into play. However this case demonstrates that you should never assume the speed limit is legal.