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FightBack Forums > Queries > Speeding and other Criminal Offences
Jim_Beam
Suited and booted - now I just need a miracle in the courtroom... smile.gif

As a very last minute thought - is there any mileage at all in suggesting that a charge under Section 172 of the Road Traffic Act 1988 is meaningless as the act is no longer law, having been superceded by the Road Traffic Act 1991?

Surely the charge itself can't come under the old 'slip rule' on the summons, so to change it they'd have to re-issue the summons - and they can't because it's out of time.

The phrase 'clutching at straws' springs to mind but you never know... icon_wink.gif

Today I'm really looking to get the speeding dismissed and then if preliminary arguments on S172 aren't going well I'm simply going to ask for adjournment until after tomorrow...

Thanks everyone - wish me luck!

Cheers,
Jim
firefly
Jim_Bean,

QUOTE (Jim_Bean)
As a very last minute thought - is there any mileage at all in suggesting that a charge under Section 172 of the Road Traffic Act 1988 is meaningless as the act is no longer law, having been superceded by the Road Traffic Act 1991?


Wouldn't bother with it!

Very best of luck, let us know how you get on.
cjm99
I agree. that may be clutching at straws.

But the clerk is likely to ask " do you understand the charge" prior to asking how you plead. Perhaps you could suggest that it is not clear? due to the law being superceeded.


Best of luck, make them have it icon_wink.gif

Chris
Jim_Beam
Thanks both. I may just throw it in 'casually' and see what the reaction is - nothing to lose.

I'll post an update later on today - assuming they have internet access in clink... icon_wink.gif

Cheers,
Jim
FastShow
Haven't really got much to add that hasn't been said over the past few weeks. So I'll just go with:

Good Luck!
jeffreyarcher
RTA 1988 has not been repealed. it still exists.
RTA 1991 amended, it did not replace, Section 172, RTA 1988.
Jim_Beam
Thanks everyone and thanks Jeffrey - I sort of worked that out myself after I posted when I read the 91 Act again. Managed not to embarass myself by saying anything that stupid rolleyes.gif

See separate post topic for outcome....

http://forums.pepipoo.com/index.php?showtopic=1351

Cheers,
Jim
FastShow
QUOTE (Jim_Beam)
See separate post topic for outcome....

Umm... where?
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