Summons for not providing identity of driver!
Discussion
I have just recieved a summons for not responding to a NIP over six months ago!
The original offence is for doing 98mph
on the M1 in perfect conditions. I was caught by an LTI 20 laser thingy and they have a video of me passing under the bridge (i assume cause they say they do and they have given me some bad quality extracts). They put in for the summons before the six months boundary was up but have only just sent it to me after almost 7 months.
To cut a long story short i am going to try for NIP was sent by recorded delivery quoting 1988 traffic law and state that i never recieved it.
Also, the photos dont prove who was driving because the photo extracts have the sun visor over the top half of the drivers head and generally look blurred. The front passenger looks extremely blurred also.
I am also thinking of writing in the letter that i dont know who was driving and i dont want to incriminate me or anyone else under the human rights lark!
Does JR think that the real video tape will be much better quality and provide better evidence / does it matter to the magistrates / will they all gather round the tv and focus really hard before busting my ass or aquitting me.
If they have video evidence of an offence but they cannot clearly identify the defendant surely the case gets dropped immediatley.
But then again i dont think they are doing me for the original offence now but the offence of not giving details of the driver.
I''m slightly confused at where i stand now. Any help would be appreciated.
Having looked at the summons again it is dated 10.9.01 (date summons was created i assume). The offence was on 24th feb. I have read somewhere that the police have to act on information in any offence including speeding within six months - assuming all the details they have on you are correct which is the case in this situation.
I believe the last day they could have processed a summons was the 25th august.
That makes them 16 days late at the very least! I dont see how i can possibly be prosecuted.
I would be interested to hear what JR has to say about this.
using the 'i dont know whose driving my car line only seems to work for police officers'.
I think i may have better luck with the you have no chance of prosecuting me because the summons was sent out too late!
But i dont know if this is a guide line or a sure fire throw it straight out of court rule!
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