Identifying driver....

[Bill]

Vaud said:

Blues said:

But surely you would remember WHERE you swapped drivers - then work it out
HTH

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?

This. It's a motorway so there aren't many places it could have been.

[Taff107]

"........For the alleged offence of: Exceed temporary speed limit (50 mph ) - Motorway roadworks (Camera) at 1032 hrs on 5 / 10 /2014 at M1 Southbound, Rotherham. The speed detected was 60 mph"

[Bill]

Did you swap over north or south of Rotherham? If you swapped in the roadworks then you need to ask exactly where the camera was.

Or just decide between you who seems most likely to have been driving and move on.

[dingg]

The wife did it

[walm]

Taff107 said:

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

They do use more forward facing cameras these days.

But it's pretty rare to find a couple who can't remember whether they swapped the driving north or south of Rotherham in the last three weeks.

Most people can apparently cope with remembering each stop they made on a journey 21 days ago.

There is no evidence either way and it was clearly one of you.

Obviously you could aim for the Hamilton defence http://www.telegraph.co.uk/news/1447758/Hamiltons-... but I doubt the hassle is worth it.

[SS2.]

walm said:

Most people can apparently cope with remembering each stop they made on a journey 21 days ago.

If the car was registered to either husband or wife, then the NIP should have been received a lot sooner than that..

I did put the question to the OP, but didn't get a response..

[walm]

SS2. said:

If the car was registered to either husband or wife, then the NIP should have been received a lot sooner than that..

I did put the question to the OP, but didn't get a response..

In fairness it's 14 day limit to deliver it and he may not have opened his mail for a week.

[Moonhawk]

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.

You may be able to get reasonably close.

1. What time did you leave. If it was 10am then whoever drove first is likely to be the culprit since the time of the offence is clearly in the first half of the journey. If you left at 8am - then the offence is clearly in the second half.

2. Where did the offence take place - was it close to home or close to your destination - again using similar principles to point 1 you should be able to reasonably judge who would have been driving at that point. Your profile says you live in Hants (which is "a three 'ish hour journey" from Rotherham according to Google maps) - so if you were travelling from Hants to the Rotherham area (or vice versa) - the offence appears to have taken place at the very start or very end of your journey - in which case it's simply a case of remembering who drove first.

3. Even though you cant remember what time you swapped drivers - you may be able to remember where (likely to be a motorway services if the journey was all on the M1). Try to remember which services did you swapped over at (even if you can't remember exactly - if you swapped over half way through a 3 hour journey - just look at which motorway services is approximately 1.5 hours from home). Then look at whether the offence too place in a location before or after this services/swap over point.

Edited by Moonhawk on Thursday 30th October 10:12

[Joe5y]

dingg said:

The wife did it

I second this. If in doubt, blame it on the wife.

(its usually the cat I'd blame but I'm guessing the cat hasn't a driving licence and therefore would end up in jail for driving without a licence and then possibly bummed)

[FurtiveFreddy]

This is very simple. You have 3 choices.

1. Establish who was driving by whatever reasonable means are open to you.
2. If you honestly can't fulfill (1) and don't want to go to Court, flip a coin and choose which one of you wants to take the rap
3. Go to Court. Explain how you have fulfilled (1) and the Magistrates will make a decision which may or may not go the way you want

[EnthusiastOwned]

I was always under the impression it's the responsibility of the registered keeper, if they can't recall who was driving, they get the fine/points?

[Retroman]

EnthusiastOwned said:

I was always under the impression it's the responsibility of the registered keeper, if they can't recall who was driving, they get the fine/points?

That's correct.

Failure to nominate a driver usually results in 6 points and a larger fine.

[fatjon]

No, it is not automatic. As I understand it the driver must have taken all reasonable steps to identify the driver in order to avoid being guilty under S172 of failing to identify the driver. The decision about whether his attempts were sufficient is a matter for the magistrates. In reality that is a very high hurdle to jump and "we were both in the car and I can't remember" is (very) unlikely to be sufficient.


S 172 Para 4

"A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was."

[walm]

Yeah - where "reasonable diligence" would probably include "having a think about it" I would imagine.

I guess you can only get out of it if you are prepared to go on record as being as mentally impaired as the Hamiltons.

[JQ]

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.

I can't remember when I swap driving with my wife, but I can certainly remember where on any journey in the last month. Can you really not remember where you swapped? Can your wife really not remember where you swapped?

[walm]

I am simply amazed at how many of you seem prepared to let your wife drive!

Christ, next you will suggest giving them the vote.

[Terzo123]

I had a similar issue many moons ago. But it was easily sorted when I phoned them up and asked if the driver in the image was male or female. Sadly for me it was male. The points are now long gone.

If i remember correctly there was a random letter "M" somewhere near the top of one of the bits of paperwork possibly indicating the suspected gender of the driver. Who knows?

[Moonhawk]

JQ said:

I can't remember when I swap driving with my wife, but I can certainly remember where on any journey in the last month. Can you really not remember where you swapped? Can your wife really not remember where you swapped?

It may be incidental anyway - depending on where the offence occurred.

Unless the offence happened around exactly half way through the journey (i.e. around the swap over point) - then surely the OP only needs to know who drove first.

Something tells me the OP is simply fishing for an out

[speedking31]

Moonhawk said:

Something tells me the OP is simply fishing for an out

Nothing wrong with that.

[Moonhawk]

speedking31 said:

Moonhawk said:

Something tells me the OP is simply fishing for an out

Nothing wrong with that.

Not at all - but why the charade?

Either take the hit or take your chances.