Identifying driver....

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Taff107

Original Poster:

567 posts

149 months

Wednesday 29th October 2014
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Chaps, I'm in a bit of a quandary and honestly don't know what to do. I recently received a Notice of intended prosecution for doing 60 in a 50 on the M1. Both my wife and I drove that morning but neither of us recall exactly who was driving at the time of the offence (neither of us are particularly bothered about 3 points and a fine as it and will be the first time being caught in 20+ years. You pays her money,you take her chance)
Now, as we don't know who was driving, how the hell am I supposed to state who the driver was???? Considering it states that providing a false statement is an offence in itself.
I have requested and received the picture taken however it is taken from the rear and offers no information whatsoever.
What the hell am I supposed to do?

Pebbles167

3,435 posts

152 months

Wednesday 29th October 2014
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One of you take the hit. You'll have nothing to worry about if you were both likely to have been driving.


agtlaw

6,702 posts

206 months

Wednesday 29th October 2014
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Does either of you have an iPhone?

Taff107

Original Poster:

567 posts

149 months

Wednesday 29th October 2014
quotequote all
agtlaw said:
Does either of you have an iPhone?
The wife does......

anonymous-user

54 months

Wednesday 29th October 2014
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Why would that matter 'if' they were both in the car assuming it's for location tracking,
Is it that good it can say which side of the car you were sitting in smile

750turbo

6,164 posts

224 months

Wednesday 29th October 2014
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I think Chris Huhne had a similar problem OP - Be careful now...

wink

lbc

3,215 posts

217 months

Wednesday 29th October 2014
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I think most drivers would remember if they were breaking the speed limit.

It's not unknown for both husband and wife to each receive 3 points and £100 fine if you can't make your mind up.

60 in a 50 would probably qualify for an awareness course.

agtlaw

6,702 posts

206 months

Wednesday 29th October 2014
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Taff107 said:
The wife does......
Ok, but it's not clear from your post whether you drove separately. The iphone location is only useful if you weren't with the mrs.

The iPhone's location history is logged and easy to retrieve if 'frequent locations' is switched on - which it is by default.

Cliftonite

8,406 posts

138 months

Wednesday 29th October 2014
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lbc said:
I think most drivers would remember if they were breaking the speed limit.

It's not unknown for both husband and wife to each receive 3 points and £100 fine if you can't make your mind up.

60 in a 50 would probably qualify for an awareness course.
What????!!!

(Not sure whether serious)

lbc

3,215 posts

217 months

Wednesday 29th October 2014
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Cliftonite said:
lbc said:
I think most drivers would remember if they were breaking the speed limit.

It's not unknown for both husband and wife to each receive 3 points and £100 fine if you can't make your mind up.

60 in a 50 would probably qualify for an awareness course.
What????!!!

(Not sure whether serious)
Ok, I may have meant that both would get 6 points and a big fine if they can't decide who was driving.

There have been plenty of cases.

rewc

2,187 posts

233 months

Wednesday 29th October 2014
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lbc said:
Ok, I may have meant that both would get 6 points and a big fine if they can't decide who was driving.

There have been plenty of cases.
Is it the responsibility of all drivers who could have been driving to respond to the request for the drivers identity?
It didn't happen when the Hampshire ACC appeared in court when one of his CID cars exceeded the speed limit. The force were fined but none of the Police Officer's who could have been driving were prosecuted.

Taff107

Original Poster:

567 posts

149 months

Wednesday 29th October 2014
quotequote all
lbc said:
Ok, I may have meant that both would get 6 points and a big fine if they can't decide who was driving.

There have been plenty of cases.
6 points each and a big fine? Why would the points each receives double and it's not a case of 'deciding' who was driving, neither of us can recall who actually was!

So if that is the case, you are virtually 'forced' into someone stating a falsehood and just taking the blame regardless of whether they actually committed the offence.

Absolutely ridiculous way to deal with it. Perhaps if they have to use cameras, it may be of use if they put the f'kin thing in front so it catches who was driving

SS2.

14,461 posts

238 months

Wednesday 29th October 2014
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Taff107 said:
6 points each and a big fine? Why would the points each receives double and it's not a case of 'deciding' who was driving, neither of us can recall who actually was!
Because that's the penalty for failing to provide driver details contrary to s.172 RTA 1988.

Other than asking for photos, what else have you done to try and determine who was driving ?

Why are you unable to remember who was driving on a journey that (I presume) was less than 2 weeks ago ?

CAFEDEAD

222 posts

115 months

Wednesday 29th October 2014
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lbc said:
I think most drivers would remember if they were breaking the speed limit.
Most drivers break the speed limit on the motorway. You'd have to be rain man to remember exactly where the traffic allowed for it over the last two weeks if you weren't subject to a limiter, or being named Doris. I couldn't tell you whether I was for most of even yesterday morning's commute.

Taff107

Original Poster:

567 posts

149 months

Wednesday 29th October 2014
quotequote all
SS2. said:
Because that's the penalty for failing to provide driver details contrary to s.172 RTA 1988.

Other than asking for photos, what else have you done to try and determine who was driving ?

Why are you unable to remember who was driving on a journey that (I presume) was less than 2 weeks ago ?
You tell me what else can I do to establish who was driving at 1032 hrs that morning about 3 weeks ago.

It was a three 'ish hour journey. I drove roughly half way then the wife took over. You telling me that you would recall the exact times of handing over? No, of course you wouldn't.

Blues

8,546 posts

219 months

Wednesday 29th October 2014
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Taff107 said:
You tell me what else can I do to establish who was driving at 1032 hrs that morning about 3 weeks ago.

It was a three 'ish hour journey. I drove roughly half way then the wife took over. You telling me that you would recall the exact times of handing over? No, of course you wouldn't.
But surely you would remember WHERE you swapped drivers - then work it out
HTH smile

Google [bot]

6,682 posts

181 months

Wednesday 29th October 2014
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Pretty sure it was your wife.

ging84

8,885 posts

146 months

Thursday 30th October 2014
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i the history of ever, has one of these stories ever turned out to be true?

SS2.

14,461 posts

238 months

Thursday 30th October 2014
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Taff107 said:
You tell me what else can I do to establish who was driving at 1032 hrs that morning about 3 weeks ago.

It was a three 'ish hour journey. I drove roughly half way then the wife took over. You telling me that you would recall the exact times of handing over? No, of course you wouldn't.
Interesting that you get so touchy over a simple question asked on an internet forum.

Do you think you'll be treated easier (or asked less taxing questions) than that in court ?

About 'three weeks ago', you say ? Is the vehicle registered to you or your wife, and how long after the alleged offence was the NIP delivered ?

Vaud

50,422 posts

155 months

Thursday 30th October 2014
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Blues said:
But surely you would remember WHERE you swapped drivers - then work it out
HTH smile
You should be able to get an approximation, I agree. 10 mins with Google maps should give you an indication based on changeover - service station? pub? town?

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