Help needed on speeding offence.
Discussion
To all you legal types out there, I need some help and advice concerning a speeding offence.
The date of the offence was the 28th of december 2002, place A45 running to Coventry, speed limit 50mph speed of offence 59mph. Caught by forward facing mobile Scamera.
The car is registered to the wife but she was not driving at the time, she contacted the police department in question as her previous letter appeared not to have reached them,to discuss the ticket, as several people (including me) are insured to drive her car and she can't remember who was driving at the time. During her conversation the ticketing department admitted that they cannot identify the driver from the photographic evidence which my wife requested (the police would not allow her to view the evidence or even send a copy!!), which, leaves my wife in a very precarious situation. She has admitted she was not driving but dosn't want to incriminate anyone else (which is fair enough). The police are threatening to send her to court for obstruction of justice and for not keeping adequate information of persons using her vehicle. This is frightening her as having never been to court before this is obviously very daunting, and could lead to an even bigger fine than what I suspect will be 6 points and a £200 fine if somebody owns up!!
Should she fight this through the court and talk to the CPS and get a good barrister/ lawyer, or would it be easier to get somebody to own up and take the hit like a man??
The date of the offence was the 28th of december 2002, place A45 running to Coventry, speed limit 50mph speed of offence 59mph. Caught by forward facing mobile Scamera.
The car is registered to the wife but she was not driving at the time, she contacted the police department in question as her previous letter appeared not to have reached them,to discuss the ticket, as several people (including me) are insured to drive her car and she can't remember who was driving at the time. During her conversation the ticketing department admitted that they cannot identify the driver from the photographic evidence which my wife requested (the police would not allow her to view the evidence or even send a copy!!), which, leaves my wife in a very precarious situation. She has admitted she was not driving but dosn't want to incriminate anyone else (which is fair enough). The police are threatening to send her to court for obstruction of justice and for not keeping adequate information of persons using her vehicle. This is frightening her as having never been to court before this is obviously very daunting, and could lead to an even bigger fine than what I suspect will be 6 points and a £200 fine if somebody owns up!!
Should she fight this through the court and talk to the CPS and get a good barrister/ lawyer, or would it be easier to get somebody to own up and take the hit like a man??
Guys
Thanks for the responses.
One thing I am very worried about are the ramifications of what is happning here. They cannot prove who was driving at the time, My wife obviously dosn't want to and reasonably can't shop somebody in. She even offered to take the points and fine herself when the lady officer in the Warwickshire station said that was now not possible especially as my wife had just admitted she wasn't driving, they would charge her with falsifying information if she then in retrospect said she was driving.
I get the feeling all they want is to prosecute somebody for something regardless as to what the offence is.
As regards to the picture, my wife offered to come to the station to review the picture, but the police said it was not worthwile, as nothing could been seen of either passenger or driver due to the reflections on the windscreen. What happens if they then try to use this evidence should she go to court?
I believe the police are refering to the information which my wife must supply I.e. who was the driver of the vehicle at the time, when they are refering to falsifying of information.
For my mind I am condsidering going to the CAB firt of all to speak to a solicter FOC before jumping into hiring one.
Also another point none of the documents provided identifies the type of equipement used for capturing the offence. The lady at the CEU (camera enforcement unit) says it was a mobile camera but this calls into question her assertations regarding the calibration of said camera. Aren't these cameras meant to be calibrated on the day by a drive past of a unit with a calibrated speedometer? Should they not also show a calibration certificate valid for the unit as well?
I will let you all know how things proceed.
Please keep the advice coming.
Thanks for the responses.
One thing I am very worried about are the ramifications of what is happning here. They cannot prove who was driving at the time, My wife obviously dosn't want to and reasonably can't shop somebody in. She even offered to take the points and fine herself when the lady officer in the Warwickshire station said that was now not possible especially as my wife had just admitted she wasn't driving, they would charge her with falsifying information if she then in retrospect said she was driving.
I get the feeling all they want is to prosecute somebody for something regardless as to what the offence is.
As regards to the picture, my wife offered to come to the station to review the picture, but the police said it was not worthwile, as nothing could been seen of either passenger or driver due to the reflections on the windscreen. What happens if they then try to use this evidence should she go to court?
I believe the police are refering to the information which my wife must supply I.e. who was the driver of the vehicle at the time, when they are refering to falsifying of information.
For my mind I am condsidering going to the CAB firt of all to speak to a solicter FOC before jumping into hiring one.
Also another point none of the documents provided identifies the type of equipement used for capturing the offence. The lady at the CEU (camera enforcement unit) says it was a mobile camera but this calls into question her assertations regarding the calibration of said camera. Aren't these cameras meant to be calibrated on the day by a drive past of a unit with a calibrated speedometer? Should they not also show a calibration certificate valid for the unit as well?
I will let you all know how things proceed.
Please keep the advice coming.
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