Let off, speeding driver who couldn’t see the 50mph sign
A DRIVER caught speeding six times in 11 days on the same stretch of road has won an appeal against his convictions – because bushes obscured the 50mph signs.
Keith Peace, 49, had been convicted of five counts of speeding and was banned from driving because his penalty points exceeded the normal limit of 12.
He was sentenced by magistrates at a series of hearings between October and December last year.
But the motorist has now won an appeal at Mold Crown Court in North Wales after showing photographs of the foliagecovered signs – and arguing that the road appeared to be a 60mph zone due to the lack of buildings or street lights.
Mr Peace, of Royston, South Yorkshire, who represented himself, told a judge that while he knew the road was covered by average-speed cameras, he did not realise it had a 50mph limit.
Having viewed photographs he produced, the prosecution did not oppose his appeal and it was allowed. Ryan Rothwell, prosecuting, said he had no other evidence to produce and was taking ‘a pragmatic approach’.
The judge, Recorder Simon Mills, sitting with two magistrates, said it was important the authorities made sure road signs were ‘monitored’ and that they ‘ complied with the law’. Mr Peace, who was caught out on Sealand Road, on the edge of Chester, said he was unable to work for six weeks after being disqualified – but was given his licence back as soon the appeal was allowed, before the case came to court.
The father- of-four added: ‘ The judge handling my appeal has seen sense. He was fair. I sent the photographs in to the police and the magistrates’ court, where I was invited to make submissions by letter rather than attend court, but they didn’t want to know.
‘This case has cost me a lot in terms of being unable to work and also the time and trouble getting to court, which is a long way from home.’
Formally offering no evidence, Mr Rothwell said it was unlikely the prosecution could produce any further evidence of the state of the hedges last May.
The judge said the decision to quash the convictions was based on ‘particular and unusual circumstances’ and did not affect anyone else convicted of speeding on Sealand Road.
Mr Peace said he regularly drove past the cameras to deliver milk to North Wales schools in the early hours of the morning.
He has since left that job and is working in a warehouse.
The judge told him the disqualification would be removed and his fines would not have to be paid – but he added that the crown court had no power to remove costs imposed by magistrates.
Mr Peace was convicted of speeding five times between May 13 and May 24 last year, at five separate hearings at Mold Magistrates’ Court, receiving three points at each of the first four hearings between October 31 and November 18, then a six-month ban at a hearing on December 18.
Fines totalled £980, plus £425 in costs and £150 in court surcharges.