Summons for not providing identity of driver!

Summons for not providing identity of driver!

Author
Discussion

Hardcore2000

Original Poster:

788 posts

272 months

Friday 21st September 2001
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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.

PetrolTed

34,429 posts

304 months

Friday 21st September 2001
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Seeing as it was you, why don't you just take the rap?

Hardcore2000

Original Poster:

788 posts

272 months

Friday 21st September 2001
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come on theres no need to be like that!

Nightmare

5,194 posts

285 months

Friday 21st September 2001
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Hardcore The problems yu're facing are a) In case of 'no identity', the ownder of the vehicle gets done..proof not needed. Your car was breaking the law, it's your responsibility b) The 'incrimination' thing was overturned by a UK judge a while ago so that doesnt work either. I think that you're being done for the original offence - because you didnt respond to the NIP, they're doing you as the owner. It is not possible, unless they drop the speeding compeltely, for you to get away with this.... sorry M8 - wish could be more positive...unles you decide to do a 'that wasnt my car at that speed, not guilty' plea you'll egt done Night

Hardcore2000

Original Poster:

788 posts

272 months

Sunday 23rd September 2001
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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.

Hardcore2000

Original Poster:

788 posts

272 months

Sunday 23rd September 2001
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Also, the summons is post marked and signed as 19 september

Dave_H

996 posts

284 months

Sunday 23rd September 2001
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I've had it on good authority (Police friend of mine) that a female senior officer was "Gatsoed" of late, and she told the court that she had no idea who was driving the "Loads of people drive my car" she said, and it was thrown out of court - I think her professional position proberly swung it, but if it worked for her....

Hardcore2000

Original Poster:

788 posts

272 months

Monday 24th September 2001
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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!

mel

10,168 posts

276 months

Monday 24th September 2001
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quote:
using the 'i dont know whose driving my car line only seems to work for police officers'.
or Man Utd football players !!