Speeding ticket, but who was driving? HELP!!
Discussion
Hi I received a speeding ticket through the post about 19 days ago. The problem is the day the car got clocked me and my girlfriend shared the driving. Two days after I received the letter I sent a letter requesting the video/photo evidence. About three days later I had a conformation letter acknowledging my letter and saying the request was being processed. The problem is I only have about 5 days left before I have to send the declaration form back. I still have not heard anything. What do I do, hang out for the photo in an attempt to ascertain who was driving at the time, or do I just declare myself and take the blame?
thankyou for your time
>> Edited by rpm100 on Wednesday 29th March 21:36
thankyou for your time
>> Edited by rpm100 on Wednesday 29th March 21:36
Interesting one. I don't know if you recall the Hamiltons (those conservative sex deviants from a few years back) were in exactly the same situation. Clocked in a car that they shared the driving of. From the photo evidence there was no way of telling, so, to cut the story short, they could not both be prosectuted for a crime only one of them committed. In other words, no evidence, no conviction.
As a general rule, if they cannot prosecute, they simply stop all proceedings - in other words, they don't tell you. That way, they save money. So if they stop writing, it may be they are not proceeding. But don't take that as cast iron.
I'm not a road trafic law expert, but if you and you missus both have signed statements you honestly don't know who it was and they can't prove it with evidence, it would be a harsh majistrate, not to mention an inventive one, that gave you both 6 points and a £200 fine. Stick to your guns - but get a solicitors advice who s an EXPERT on trafic matters.
Best of luck
As a general rule, if they cannot prosecute, they simply stop all proceedings - in other words, they don't tell you. That way, they save money. So if they stop writing, it may be they are not proceeding. But don't take that as cast iron.
I'm not a road trafic law expert, but if you and you missus both have signed statements you honestly don't know who it was and they can't prove it with evidence, it would be a harsh majistrate, not to mention an inventive one, that gave you both 6 points and a £200 fine. Stick to your guns - but get a solicitors advice who s an EXPERT on trafic matters.
Best of luck
You have a 'statutory defence' in RTOA 1988 S172(4) (as amended). You may have to show that you used reasonable diligence in an effort to identify the driver, but the law says if you cannot identify the driver you aren't guilty of anything at all.
Of course the law isn't always properly applied.
Get along to Pepipoo ( www.pepipoo.com ) and ask in the forums there...
>> Edited by safespeed on Thursday 30th March 01:50
Of course the law isn't always properly applied.
Get along to Pepipoo ( www.pepipoo.com ) and ask in the forums there...
>> Edited by safespeed on Thursday 30th March 01:50
rpm100 said:
Hi I received a speeding ticket through the post about 19 days ago. The problem is the day the car got clocked me and my girlfriend shared the driving. Two days after I received the letter I sent a letter requesting the video/photo evidence. About three days later I had a conformation letter acknowledging my letter and saying the request was being processed. The problem is I only have about 5 days left before I have to send the declaration form back. I still have not heard anything. What do I do, hang out for the photo in an attempt to ascertain who was driving at the time, or do I just declare myself and take the blame?
thankyou for your time
Not an expert, but it does seem that you have responded to request the photo evidence in good time and that the powers that be have fully acknowledged your responce. Surely you can do nothing but wait now? Is there not a procedure on the system in place for instances such as this?
I was always under the impression that you had to respond within the legal time frame requirements. If this responce is a request for the evidence then surely it is still classed as a responce. I would be really shocked (if they moved forward claiming you didnt identify) if any judge would entertain the notion that you did not make all reasonable attempts to answer this NIP. If they cannot provide the photo evidence (legal requirement?) than they are at fault, not you, surely?
Really interested in the result of this one myself
safespeed said:
You have a 'statutory defence' in RTOA 1988 S172(4) (as amended). You may have to show that you used reasonable diligence in an effort to identify the driver, but the law says if you cannot identify the driver you aren't guilty of anything at all.
Of course the law isn't always properly applied.
Get along to Pepipoo ( www.pepipoo.com ) and ask in the forums there...
If the court believe that you have shown "reasonable diligence". The judgement of that will be their's not the drivers.
>> Edited by vonhosen on Thursday 30th March 15:26
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff