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DIR Return to: Speeding and other criminal offences
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#Post#: 16049--------------------------------------------------
regarding a speeding ticket where cannot identify driver
DIR By: chi
Date: February 21, 2024, 4:35 pm
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good evening and thank you for all your help
question, me and my wife are both drivers on the our car. we
often share the shopping drives between us and recieved a
speeding ticket.
we cannot remember between us who the driver is on that occasion
and also the photo evidence does not show who it was. from
googling, and also this link
HTML http://www.motorlawyers.co.uk/offences/failing_to_identify_driver.php<br
/> it seems it is a grey area as the registered keeper could
be
prosecuted for failure to identify, but alternatively it could
be considered a defence that we have tried to identify the
driver but cannot identify them.
please let me know your opinions on the matter.
thank you
#Post#: 16052--------------------------------------------------
Re: regarding a speeding ticket where cannot identify driver
DIR By: Southpaw82
Date: February 21, 2024, 4:50 pm
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The recipient of the s 172 notice (inevitably the registered
keeper) will be prosecuted. Assuming they are the person keeping
the vehicle, they have a defence if they can prove (on the
balance of probabilities) that they did not know who the driver
was and could not identify them after exercising reasonable
diligence. It’s not an easy defence but you’ve given us no
details so hard to say.
#Post#: 16077--------------------------------------------------
Re: regarding a speeding ticket where cannot identify driver
DIR By: guest46
Date: February 22, 2024, 10:56 am
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On what occasion? If the NIP was substantially delayed you might
have a (slim) chance of convincing aMag of 'can't remember'
Given most are issued within 14 days an adult may well be
expected to remember. Given the penalty is potentially severe, a
'best bet' between you might be prudent.
#Post#: 16079--------------------------------------------------
Re: regarding a speeding ticket where cannot identify driver
DIR By: NewJudge
Date: February 22, 2024, 11:15 am
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It's not really a grey area at all. If you don't know who was
driving you must convince the court that you have taken all
reasonable steps to find out. If you don't do that you will be
convicted.
There have been one or two notable successes with the defence
against "failing to provide driver's details" charges. Here's
one:
HTML https://www.theguardian.com/uk/2003/nov/28/northerner.heatherstewart
It's a little misleading because it's headed: "Neil and
Christine buck speeding charge" when in fact it was only Mrs
Hamilton in court and she was not facing a speeding allegation
but of failing to provide driver's details."
That said, you need to be careful:
HTML https://www.southwalesargus.co.uk/news/4604985.speeding-driver-demands-justice/
You need to convince the court that you did not know who was
driving and, having exercised "reasonable diligence" you have
been unable to establish who was. You haven't mentioned
anything, so what have you done up to now to try to discover
which of you was driving? One thing is absolutely certain:
simply turning up in court to say "dunno who was driving" will
not secure your acquittal. All the press reports seem to
indicate that is precisely what Mrs Hamilton did. But I have my
doubts.
#Post#: 16102--------------------------------------------------
Re: regarding a speeding ticket where cannot identify driver
DIR By: The Rookie
Date: February 23, 2024, 3:19 am
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--- Quote from: NewJudge link ---
>
> All the press reports seem to indicate that is precisely what
Mrs Hamilton did. But I have my doubts.
>
--- End Quote ---
The reports at the time, which may be harder to find now made it
clearer.
From memory of the better reports at the time, both Neil and
Christine were in the car and had been swapping drivers (so
location type evidence doesn't help identify the driver), they
recalled swapping driver near where the car was detected
speeding but couldn't be sure if it was just before or just
after the 'ping' location. This information was provided to the
Police and evidenced by them both in court which accepted
Christine's RD defence. I don't recall if there was any other
evidence presented other than the witness testimonies.
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