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DIR Return to: Speeding and other criminal offences
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#Post#: 18238--------------------------------------------------
Identifying driver
DIR By: Dogdad87
Date: March 25, 2024, 5:02 am
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Hi,
I received a speeding ticket a few days ago- a notice of
intended prosecution. I have 28 days to confirm I was driving,
or name who was driving,
the problem is the offence was almost 2 months ago and we’re
genuinely struggling to remember who was driving. We both use
the car. It was also around the time that my dad was dying ( he
died 6 weeks ago) so that whole time is s blur.
we’re 90% sure that wife was Driving but 90% isn’t enough!! The
photographic evidence is useless and doesn’t show the driver as
it’s dark.
if I don’t nominate a driver I’ll be summoned to court and
potentially receive £1000 fine and 6 points.if I nominate dh
there a chance I’m wrong in which case I’m perverting the court
of justice!!! I’m stuck!!
neither of us are bothered about taking the rap. I just don’t
want to create trouble for myself. WWYD
#Post#: 18242--------------------------------------------------
Re: Identifying driver
DIR By: andy_foster
Date: March 25, 2024, 7:02 am
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--- Quote from: Dogdad87 link ---
>
> if I nominate dh there a chance I’m wrong in which case I’m
perverting the court of justice!!!
--- End Quote ---
Can you elaborate on how naming the most likely driver would
constitute perverting the course of justice, but only if you
named the wrong driver?
#Post#: 18243--------------------------------------------------
Re: Identifying driver
DIR By: AntonyMMM
Date: March 25, 2024, 7:04 am
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--- Quote from: Dogdad87 link ---
>
> if I nominate dh there a chance I’m wrong in which case I’m
perverting the court of justice!!!
>
--- End Quote ---
Only if done deliberately - naming the most likely (90%) driver
is probably the way to go. But don't qualify your nomination by
saying "probably" or anything similar.
Yo do have the option of defending the case at court, and try to
persuade the bench that you couldn't "with reasonable diligence"
identify the driver. A difficult task, and an expensive one if
you fail, but not impossible.
#Post#: 18245--------------------------------------------------
Re: Identifying driver
DIR By: NewJudge
Date: March 25, 2024, 7:49 am
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--- Quote ---
> Yo do have the option of defending the case at court, and try
to persuade the bench that you couldn't "with reasonable
diligence" identify the driver. A difficult task, and an
expensive one if you fail, but not impossible.
>
--- End Quote ---
It can be done:
HTML https://www.theguardian.com/uk/2003/nov/28/northerner.heatherstewart
But not always:
HTML https://www.southwalesargus.co.uk/news/4604985.speeding-driver-demands-justice/
#Post#: 18246--------------------------------------------------
Re: Identifying driver
DIR By: The Rookie
Date: March 25, 2024, 7:49 am
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What reasonable diligence have you performed?
Have you looked at mobile phone location services?
Card receipts?
Phone call logs?
Naming the 90% likely driver is fine, even if the answer is
wrong and they can prove it (using material you can't say is
100% anyway) it wouldn't be PCOJ as it wasn't deliberate.
#Post#: 18252--------------------------------------------------
Re: Identifying driver
DIR By: guest46
Date: March 25, 2024, 9:36 am
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As all of the above - there's very, very little chance of PCoJ
if you do your diligence as per The Rookie and still don't know
- the 'authorities' aren't that interested and they to won't
have any evidence to the contrary. 90% it was the Wife should be
easy to run with and indeed make 100%
Just make sure your response is unequivocal - no stating it was
'most likely' or 'probably' as that will prompt an expensive day
in court.
Think about it - if every speeder used the 'I don't know'
defence?
#Post#: 18354--------------------------------------------------
Re: Identifying driver
DIR By: Dogdad87
Date: March 26, 2024, 8:37 am
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Thanks for all of the advice - much appreciated
We have mulled over it for the last two days and we are going to
send the form back naming my wife. However... I have two
questions....
1) If we've got it wrong and the Police produce other evidence
that contradicts our nomination, would we just be asked to
reconsider the nomination, or would it immediately escalate into
a more serious issue?
2) I have 6 points already. I 'earned' these points fair and
square. My concern is that the Police will see my previous 6
points and think that I am trying to offload the new 3 points to
avoid getting close to totting up. just to clarify, this is NOT
the case but I am concerned that this may appear to be dodgy!!
Am I overthinking this?
#Post#: 18358--------------------------------------------------
Re: Identifying driver
DIR By: The Rookie
Date: March 26, 2024, 9:24 am
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To answer your question 3, yes.
1/ unlikely they have anything else, but usually, yes they just
ask ‘are you sure’ rather than making a mountain from a molehill
2/ They won’t even look at your driving record, so no.
#Post#: 18359--------------------------------------------------
Re: Identifying driver
DIR By: John Glacier
Date: March 26, 2024, 9:25 am
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You are overthinking the whole thing. The police don't care you
already have 6 points.
If you nominate someone and get it wrong the police can comeback
and ask you to reconsider. Nothing more sinister will happen.
#Post#: 18369--------------------------------------------------
Re: Identifying driver
DIR By: Dogdad87
Date: March 26, 2024, 10:59 am
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Thank you, that's reassuring. I just don't want to get myself
into a situation that becomes tricky.
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