what to do when you don't know who's driving?
Discussion
I thought I'd post this on here to see if I could get some suggestions for a (albeit not particuarly bad) situation my parents are in at the moment.
About a month ago, they were coming back from holiday, and it turns out that they got caught doing 85mph on a dual carriageway. However they genuinely don't know who was driving at the time, as they had swapped over at some point along this road in a lay-by, and have no idea where it was, and therefore who was driving at the time of being caught. After writing back stating this, they've simply had a reply saying that they must tell them who it was.
They're not really bothered about the fine or who actually takes the points, as one has a clean license and the other 3 points, and they're not contesting the fact that they were speeding, they just don't know who was driving (and don't think my dad could cope with me taking the piss out of him as he always goes on about never having got caught in 30 years of driving!).
Could someone please give suggestions on what to do, or point me in the direction of previous posts that have covered this please.
Thanks very much
Sam
About a month ago, they were coming back from holiday, and it turns out that they got caught doing 85mph on a dual carriageway. However they genuinely don't know who was driving at the time, as they had swapped over at some point along this road in a lay-by, and have no idea where it was, and therefore who was driving at the time of being caught. After writing back stating this, they've simply had a reply saying that they must tell them who it was.
They're not really bothered about the fine or who actually takes the points, as one has a clean license and the other 3 points, and they're not contesting the fact that they were speeding, they just don't know who was driving (and don't think my dad could cope with me taking the piss out of him as he always goes on about never having got caught in 30 years of driving!).
Could someone please give suggestions on what to do, or point me in the direction of previous posts that have covered this please.
Thanks very much
Sam
Its one of those stupid situations 
They can only, in good consience, tell the truth, i.e. "we don't know".
The next step would be to request the photo/video evidence to see if they can tell from that.
If its still unclear, they still say "we don't know".
Then the registered keeper of the vehicle gets threatened with a charge of not identifying the driver
So you get a lawyer invloved. Much time and exasperation later, the case is dropped, but not before they've wasted money on solicitor's fees.
Aaaaargh!
They can only, in good consience, tell the truth, i.e. "we don't know".
The next step would be to request the photo/video evidence to see if they can tell from that.
If its still unclear, they still say "we don't know".
Then the registered keeper of the vehicle gets threatened with a charge of not identifying the driver
So you get a lawyer invloved. Much time and exasperation later, the case is dropped, but not before they've wasted money on solicitor's fees.
Aaaaargh!
hertsbiker said:
You don't need a lawyer. Just say you can't tell who was driving from the photo's - it could have been either. 2 people can't get done for the same offense, unless one was steering, one was on the pedals...
Makes sense, so what if you put down both names and both sign it with a little note to indicate it may potentially have been either? That way you have signed it but they can't 'do' you cos you both can't be driving at the same time and they then can't detrmine which one was driving.
You might send a letter (unsigned, of course) stating that although you can't tell who was driving you are quite happy to pay a fine between you as speeding cannot be condoned. It is not possible for either of you to confes to this as to do so could cause the confessee to be perverting the course of justice.
However, if the police or the CPS would like to advise you as to whom they would accept a confession, whilst at the same time accepting that this may be a false confession, then that person wil oblige with a confession subject to receiving that indemnity as to the accuracy.
You might also remind them that the same dilemma was faced by a Detective Inspector somewhere 'oop North and that case was dismissed!
If you do this it may all go away, or not as the case may be. It's worth a try and will help us all in the long run.
However, if the police or the CPS would like to advise you as to whom they would accept a confession, whilst at the same time accepting that this may be a false confession, then that person wil oblige with a confession subject to receiving that indemnity as to the accuracy.
You might also remind them that the same dilemma was faced by a Detective Inspector somewhere 'oop North and that case was dismissed!
If you do this it may all go away, or not as the case may be. It's worth a try and will help us all in the long run.
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