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Charge was brought under wrong regs
Page 37
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A CASE against a driver accused of ignoring a motorway sign was dismissed on a technicality after Coventry magistrates accepted that he had been charged under out-of-date regulations.
John Edward Thomas from Oswestry had been accused of failing to comply with a red light last October showing that a motorway lane was closed. The summons cited that this was contrary to the 1994 Traffic Signs Regulations.
However, Jonathan Lawton, for Thomas, argued that the summons was void because the 1994 Regulations had been revoked in 2002 and replaced with new regulations. The prosecution sought leave to amend the wording of the summons but Lawton argued that the specific offence alleged was created by regulations that no longer existed. In such circumstances it would be inappropriate, and manifestly against the principles of justice to allow the summons to be amended.
After the magistrates refused leave for the summons to be amended, the prosecution offered no evidence.
The case was dismissed and the magistrates ordered that Thomas' defence costs be paid out of public funds.