“MR LOOPHOLE”
Thursday, April 1st, 2010
In road traffic prosecutions, members of the public often try to find a lawyer who will find a loophole allowing them to successfully defend a prosecution. There is, in fact, one lawyer who is known as “Mr Loophole” precisely for this reason and is often in the papers, because of his famous celebrity clients.
In any area which is designated to have a speed limit there are rules and requirements which the local authority must follow the signs. If erecting the sign, the rules and regulations are not followed then, notwithstanding your speeding in that road, you would be found not guilty.
In a recent case, a motorist was charged with driving at speed. However, on investigations his lawyers found that the street lamp was not lit and did not comply with Traffic Sign Regulations and General Directions 2002 Schedule 17, item 10. This requires that if a speed limit sign is located, even within fifty metres of a street lamp, it must be illuminated in darkness and that failure to illuminate the street sign is failure to comply with the above regulation, and therefore any motorist who had exceeded the speed limit on that road, is not guilty of the offence cf. The Director of Public Prosecution –v- Butler (2010).
This case highlights two areas of interest to the reader.
1. It is essential to chose a specialist lawyer and one who is prepare to invest time and energy to investigate the circumstances of your accident.
In nearly every case of this type legal aid will not be available to you. You will have to find a solicitor and pay him privately. It is therefore essential that you find someone who has the experience, expertise and time to investigate the background of the incident.
2. The other is a financial benefit to you. If you successfully defend the prosecution of this type, it will afford you and/or your Road Traffic Act insurer to defend the claim bought by the third party for personal injury and property damage.
You and Your Motor Insurer:
In all cases if you are in that position as a motorist, you should report the claim to your Road Traffic Act insurers. They will have their own panel solicitors who will represent you. Your motor policy does allow for free legal representation. In some cases your motor insurer will allow you to chose a solicitor. Choose with care.
If you are injured by a motorist, then, of course, you are entitled to pursue a claim. If you require any information at all on how to pursue a claim, and how to deal with your Road Traffic insurers, or legal expense insurers. Please do not hesitate to contact Abdul Hafezi