HELP, any advice ?

[hatchn]

A friend of mine (Honest, not me) has received a NIP, and does not know whether himself or his wife were driving at the time of the incident. They have requested photographic evidence which has been provided but it is still not clear. They have written back explaining that they don't know who was driving, and have received a letter saying that the case has been referred to the CPS and a summons will be issued for both persons under s.172.

Does anyone have any advice?

[cptsideways]

Both persons should admit to driving the car

[supraman2954]

cptsideways said:

Both persons should admit to driving the car

hmmm. IMO, to do so will be to deliberately lie, and therefore pervert the course of justice.

Stick with your explanation.

[Dwight VanDriver]

If CPS process the case and summons for failing to name driver then you should plead Not Guilty and it will them be up to you to convince the Magistrates.

DVD

[buckshee]

This the classic "Hamilton" excuse. Both claimed to have driven part of the journey, but neither could remember which parts of the journey each had driven. It's down to the prosecution to prove which person was driving at the time of the alleged offence. If the pictures are not clear enough to prpoerly identify the driver, then both possible drivers should be found Not Guilty.

[Barry993TT]

Exactly the same happened to friends of mine as they also could not remember who was driving. They were threatened with a summons and so they took advise from the AA legal dept who advised that one of them take the wrap. The AA said the court could give both parties 3 points and a £1000 fine each. I think that they were put off by the idea of having to go to court to defend themselves.

- Does anyone agree with the AA's advise or should they have stuck to their guns?

- Would they BOTH have had to go to court in person to defend themselves?

[hatchn]

Thanks for all your comments, keep em coming.

Cheers,