Does the Hamilton Defence work?
Discussion
It's a perfectly valid defence, and one that is specifically allowed for in the framing of s172.
If you are genuinely unable to identify who was driving, despite having exercised all due diligence in attempting to do so, then no offence is committed.
The only stumbling block is whether you can convince the Magistrate that you have satisfied the requirement for diligence, and that you are not trying it on. You need to explore every possible avenue that might help you to identify the driver, and document this so that you can demonstrate to the court what lengths you have gone to to discharge your obligations.
If you are genuinely unable to identify who was driving, despite having exercised all due diligence in attempting to do so, then no offence is committed.
The only stumbling block is whether you can convince the Magistrate that you have satisfied the requirement for diligence, and that you are not trying it on. You need to explore every possible avenue that might help you to identify the driver, and document this so that you can demonstrate to the court what lengths you have gone to to discharge your obligations.
Send a PACE statement with both your names and let them work it out!
www.pepipoo.com will be helpful in your quest...
www.pepipoo.com will be helpful in your quest...
slightlymiffed said:
Send a PACE statement with both your names and let them work it out! ![]()
I think you need to read up a bit more on the theory behind the PACE defence, which would only ever be used in a situation where you knew for certain that the driver was the recipient of the s172 notice. By definition it can't be combined with the "Hamilton defence".
You need to ask the CPS lots of questions, like where exactly was the camera, what did it look like, the time of day, could they see what sex the driver was or if he was bald or a coloured chap? Then look for your shopping receipts, look at a streetmap to see if you know the road well. Were you there? Just ask them lots of questions to help you provide the information required. The more they can't answer the better it is for you. You will be seen to have tried to provide driver details.
You will both have to go to court if cps don't drop it. Really make the bar stewards write lots of letters and do loads of work answering questions but don't look cocky, just ask for loads of info
Boosted.
You will both have to go to court if cps don't drop it. Really make the bar stewards write lots of letters and do loads of work answering questions but don't look cocky, just ask for loads of info
Boosted.
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