Speeding Question

[Ewanph]

Hi all. So I received a NIP stating that I had been driving at 47 in a 40 zone.

The issue is, on that day my wife and I shared the driving. I have already done a speed awareness course last year so I can’t do another one, and my previous 3 points for speeding have just dropped off. My wife has a clean licence. Now she may have been driving at this time so she would be legible for a speed awareness course. My issue is if I put her down as the driver and the police check, I don’t want to get into trouble for a genuine mistake. Yes, we could request the photograph but I don’t want to delay it any longer.

If I take the points, although I will only have 3 points on my licence, in the eyes of the insurance company, I will have 6 as they have their 5 year rule for driving offences!

Not really sure what to do? Any advice is great fully received.

The most annoying thing is we remember having a discussion when we saw the speed camera van, but can’t recall who was driving then, plus we were definitely not speeding at the time: adaptive cruise control with sign reader activated in the car and alerts if we go over speed limit! (We don’t have the time to contest it in court, so that’s not an option.)

[dibblecorse]

Phone them, explain and ask if from the photo they can tell you male or female as you don't want to misrepresent.

[J1990]

Ewanph said:

Hi all. So I received a NIP stating that I had been driving at 47 in a 40 zone.

The issue is, on that day my wife and I shared the driving. I have already done a speed awareness course last year so I can’t do another one, and my previous 3 points for speeding have just dropped off. My wife has a clean licence. Now she may have been driving at this time so she would be legible for a speed awareness course. My issue is if I put her down as the driver and the police check, I don’t want to get into trouble for a genuine mistake. Yes, we could request the photograph but I don’t want to delay it any longer.

If I take the points, although I will only have 3 points on my licence, in the eyes of the insurance company, I will have 6 as they have their 5 year rule for driving offences!

Not really sure what to do? Any advice is great fully received.

The most annoying thing is we remember having a discussion when we saw the speed camera van, but can’t recall who was driving then, plus we were definitely not speeding at the time: adaptive cruise control with sign reader activated in the car and alerts if we go over speed limit! (We don’t have the time to contest it in court, so that’s not an option.)

Have you viewed the evidence? You may be able to see who was driving.
As for the claim of "we were definitely not speeding" I'm not sure how you can be absolutely certain that it was that exact moment, given you can't even remember who was in the driver's seat.

I would view the evidence and, if you wish to contest it, I believe you can ask for a confirmation of the last callibration and ensure it's within the required timeframe (I believe I also saw a speeding dismissal because the capture distance was further than the calibrated distance...). But realistically it's likely to stick. As for the claim your wife is eligible for the speed awareness course, it is worth noting that these are offered at discretion and you have no 'right' to have one. If you genuinely can't recall who was driving then of course the OH can fill in her details and take either the course or points that are imposed.

[martinbiz]

Ewanph said:

Hi all. So I received a NIP stating that I had been driving at 47 in a 40 zone.

The issue is, on that day my wife and I shared the driving. I have already done a speed awareness course last year so I can’t do another one, and my previous 3 points for speeding have just dropped off. My wife has a clean licence. Now she may have been driving at this time so she would be legible for a speed awareness course. My issue is if I put her down as the driver and the police check, I don’t want to get into trouble for a genuine mistake. Yes, we could request the photograph but I don’t want to delay it any longer.

If I take the points, although I will only have 3 points on my licence, in the eyes of the insurance company, I will have 6 as they have their 5 year rule for driving offences!

Not really sure what to do? Any advice is great fully received.

The most annoying thing is we remember having a discussion when we saw the speed camera van, but can’t recall who was driving then, plus we were definitely not speeding at the time: adaptive cruise control with sign reader activated in the car and alerts if we go over speed limit! (We don’t have the time to contest it in court, so that’s not an option.)

Whether you believe you were speeding or not is an aside for now. You are being asked to identify the driver so if any photos supplied does not help what you do is fill in the form truthfully to the best of your ability, getting it wrong is not misrepresentng anything or attempting to PCOJ, if you specifically put info on the form you know to be untruthful it would be.

Gone are the days when the old 'Hamilton defence' of sorry we can't remember would cut it and to expect a court to accept that 2 adults can't remember something quite important from a few days ago is a bit of a stretch, especially when you have admitted you actually saw the van

[SS2.]

J1990 said:

I would view the evidence and, if you wish to contest it, I believe you can ask for a confirmation of the last callibration and ensure it's within the required timeframe (I believe I also saw a speeding dismissal because the capture distance was further than the calibrated distance...). But realistically it's likely to stick. As for the claim your wife is eligible for the speed awareness course, it is worth noting that these are offered at discretion and you have no 'right' to have one. If you genuinely can't recall who was driving then of course the OH can fill in her details and take either the course or points that are imposed.

Poor advice.

If the OP genuinely cannot remember who was driving and was to subsequently defend an allegation of failing to provide driver details, he would be required to convince the court that he had exercised reasonable diligence in attempting to identify the driver and why, despite his best efforts, he remains unable to do so.

Muddying the waters asking for calibration certificates and the like will not help his credibility. And even if the calibration was found to be out of date, it would likely fall to the OP to demonstrate to the court that this caused the device to be operating outside of its permitted tolerances.

Finally, the penalty for knowingly providing false driver details is far worse than either speeding or failing to furnish.

[kestral]

Ewanph said:

Hi all. So I received a NIP stating that I had been driving at 47 in a 40 zone.

The issue is, on that day my wife and I shared the driving. I have already done a speed awareness course last year so I can’t do another one, and my previous 3 points for speeding have just dropped off. My wife has a clean licence. Now she may have been driving at this time so she would be legible for a speed awareness course. My issue is if I put her down as the driver and the police check, I don’t want to get into trouble for a genuine mistake. Yes, we could request the photograph but I don’t want to delay it any longer.

If I take the points, although I will only have 3 points on my licence, in the eyes of the insurance company, I will have 6 as they have their 5 year rule for driving offences!

Not really sure what to do? Any advice is great fully received.

The most annoying thing is we remember having a discussion when we saw the speed camera van, but can’t recall who was driving then, plus we were definitely not speeding at the time: adaptive cruise control with sign reader activated in the car and alerts if we go over speed limit! (We don’t have the time to contest it in court, so that’s not an option.)

That's easy.

Just tell the truth. You don't know which one of you was driving. Up to the police to find out then.

Lie and it's very serious.

There are thousands of people every year who get NIP's for speeding and they would love to be in the position you are in of not knowing who was driving.

[SS2.]

kestral said:

Just tell the truth. You don't know which one of you was driving. Up to the police to find out then.

Get that tongue of out your cheek.

[martinbiz]

kestral said:

That's easy.

Just tell the truth. You don't know which one of you was driving. Up to the police to find out then.

Lie and it's very serious.

There are thousands of people every year who get NIP's for speeding and they would love to be in the position you are in of not knowing who was driving.

Really??? I didn't know it was that easy

I knew it wouldn't be long until you reverted to type