Speeding advice
Discussion
i have a friend, ahh dont they all start like this?
she has recently received a letter from the local BiB after her car was photographed near where she lives.
her bloke also drives her car and this was 3 months ago now, so she is unsure who was driving, letter has been with her a while and she has done nothing.
The photo has arrived now but the image is poor with difficulty reading the licence let alone who is driving.
As she has no recollection of who was driving and cannot prove either way, what is the best course of action?
Police request info on who is driving or they start court proceedings. But if she cannot prove she was not driving, can they charge her with the crime, and another 3 points
Wouldn't this be assumed guilt then? no longer innocent till proven guilty?
any help gratefully received thank you.
she has recently received a letter from the local BiB after her car was photographed near where she lives.
her bloke also drives her car and this was 3 months ago now, so she is unsure who was driving, letter has been with her a while and she has done nothing.
The photo has arrived now but the image is poor with difficulty reading the licence let alone who is driving.
As she has no recollection of who was driving and cannot prove either way, what is the best course of action?
Police request info on who is driving or they start court proceedings. But if she cannot prove she was not driving, can they charge her with the crime, and another 3 points
Wouldn't this be assumed guilt then? no longer innocent till proven guilty?
any help gratefully received thank you.
Vee-X said:
i have a friend, ahh dont they all start like this?
Yes
Vee-X said:
As she has no recollection of who was driving and cannot prove either way, what is the best course of action?
It is a valid defence to say you do not know. However, you have to effectively prove you do not know to the magistrate and you have to show due dilengece. For example, has she tried to contact the ex bf?
Vee-X said:
Police request info on who is driving or they start court proceedings. But if she cannot prove she was not driving, can they charge her with the crime, and another 3 points
Yes and no. The police can not decide if she does not know, only the magistrate can, therefore they have to start proceedings. She is only being accussed of the single offence. If found guilty in court then the points and fine will be larger than accepting fixed penalty. Technically it is an offence to accept the fixed penalty if she wasn't driving but for some reason the police don't bother checking.
Vee-X said:
Wouldn't this be assumed guilt then? no longer innocent till proven guilty?
Correct Innocent until proven guilty went a long time ago along with right to silence, right to be tried by jury of your peers, and the right to see the evidence againist you. In fact in the UK you do not need to be charged with anything, brought before any court or even have a judge review the evidence in order to be imprisoned.
Vee-X said:
she has recently received a letter from the local BiB after her car was photographed near where she lives.
her bloke also drives her car and this was 3 months ago now, so she is unsure who was driving, letter has been with her a while and she has done nothing.
First things first:
Is she the registered keeper of the car?
Is the car correctly registered to her current address (and has been since before the alledged 'offence')?
What is the date of the alledged 'offence'?
What is the date on the NIP (and the postcode on the envelope)?
If she is the keeper, and the car is correctly registered to her current address thenshe needs to look at the dates carefully. If there is more than 14 days between the date of the alledged 'offence' and the date on the postmark she may well be home free.
Post the information and I will advise further.
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