received a NIP and someone else was driving
Discussion
A friend has received one a NIP, and at the time stated someone else was driving the car.
The details, as told to me, are that they saw a lone officer on the side on the road with, probably a laser gun with camera. They were not pulled over.
3 days later he recievd a NIP.
We have been over much of the advice here and on safespeed but can't find anything specific to this sort of incident.
Where does he stand if the driver was a propective buyer, who did not want the car, and he now has no way of contacting again?
Thanks in advance chaps
The details, as told to me, are that they saw a lone officer on the side on the road with, probably a laser gun with camera. They were not pulled over.
3 days later he recievd a NIP.
We have been over much of the advice here and on safespeed but can't find anything specific to this sort of incident.
Where does he stand if the driver was a propective buyer, who did not want the car, and he now has no way of contacting again?
Thanks in advance chaps
vteclimey said:
A friend has received one a NIP, and at the time stated someone else was driving the car.
The details, as told to me, are that they saw a lone officer on the side on the road with, probably a laser gun with camera. They were not pulled over.
3 days later he recievd a NIP.
We have been over much of the advice here and on safespeed but can't find anything specific to this sort of incident.
Where does he stand if the driver was a propective buyer, who did not want the car, and he now has no way of contacting again?
Thanks in advance chaps
Then he will have a defence to not naming the driver at court.
It will mean that he will have to go to court to have the evidence heard. If he is a trader and can prove that this is not unusual for him to be going about this type of business, then he will stand more of a chance of the defence being accepted.
If he is a private seller, taking the receipt for the advertisment of the car in whatever publication it was in, or a copy of the publication it was advertised in will help convince the magistrates.
A clever prosecutor will see through any bulsh1t your friend tries to throw and will ask questions of him on oath.
Questions like, "Do you remember seeing the officer pointing the laser gun at your vehilce?"
then "If you do, then you must have realised that your vehicle was exceeding the limit. If that was the case and you remember the incident, why did you not obtain the details of the driver at the time to cater for the situation you are in now.
Basically, you knew the officer was checking your speed, you knew that the vehicle was exceeding the limit because you remember the officer, his location, and his actions and yet you failed to protect your own innocence by obtaining the details of the person that committed an offence whilst driving your car! Very careless indeed, if in fact that was what really happened!
Any sensible person would have obtained those details in a similar situation so that they could show that they were not driving at the time the offence was committed.
This will be the line of questioning and statement/inuendo undertaken by the prosecutor to make sure of a conviction.
vteclimey said:
thanks for the advice, great help.
I can see he would have a hard time over it, and its not worth lying over.
Next question is, what if there is some doubt over the drivers insurance cover? IE he was fully comp, but is now unsure if it includes 3rd party on another vehicle.
If the other driver was comprehensively insured, then he will be covered for third party risks as long as he was driving the vehicle that did not belong to him with permission from the owner.
In these circumstances, it would have taken the situation to develop into a kidnap offence for the other drivers 3rd party insurance cover to be invalid
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff