Dawlish News

Sixty-year-old Peter Harry was accused of exceeding the speed limit in a 30mph restricted zone along the A379 at Starcross on March 27 2003. But when Harry presented his not guilty plea at Totnes magistrates court the crown procecutor David Bowen offered no evidence and invited the bench to dismiss the case.

Mr Bowen explained that under the Trafic Regulation Act the prosecution had to prove the defendant drove at at excessive speed on a restricted road governed by speed limits or by a restriction order imposed by the county council.

In addition, the Act states that lighting must be provided in restricted areas at not more than 200 yards apart.

Mr Harry went to great lengths to prove that he was not within the restricted area but on the outskirts of the village, where arguably, the restrictions did not apply. It was also necessary for the prosecution to produce the original trafic order in court and not a copy.

The case was dismissed and Mr Harry requsted compensation for expenses incurred, legal advise and research. The bench declined to put a figure on the award but Mr Harry estimated his costs were around £500.