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DIR Return to: Speeding and other criminal offences
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#Post#: 50522--------------------------------------------------
Poor Quality Image - Speeding
DIR By: mkm123
Date: December 19, 2024, 4:53 pm
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I received a speeding NIP - the images were shockingly bad
quality and it is impossible to see who was driving.
Myself and my wife share a vehicle and we do not track who
drives and when - on that particular day we were in and out and
basically whoever gets in the car first drives.
I contacted the senders and advised the above and I couldn't
identify the driver at the time and from the image they supplied
and asked if they had a better quality image for me to complete
the form - they responded with uploading the video - the quality
is just as shocking. We genuinely have no idea who was driving
and have no idea what we are supposed to do - one of us is
innocent and I have to also question the reliability of a camera
recording our speed that can't record a decent quality image -
it really is awful quality?
Any thoughts would be greatly appreciated.
#Post#: 50525--------------------------------------------------
Re: Poor Quality Image - Speeding
DIR By: andy_foster
Date: December 19, 2024, 5:23 pm
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You have described a scenario where it would be feasible for the
two of you not to know who was driving on a given occasion. We
have heard the same scenario hundreds of times, as will the
bench.
You make no mention of any attempt to determine who was driving
on that occasion, other than attempting to put the onus on the
police to help you.
If you are unable to determine who was driving, there is a
defence available if you can persuade the court (on the balance
of probabilities) both that you do not know who was driving and
that you could not with reasonable diligence determine the
identity of the driver. From what you have told us so far, you
would struggle somewhat with at least the second limb.
The evidence of the alleged speeding offence is all but
irrelevant unless you are able to name the driver. The "all but"
is that any credibility that you might have had for the s. 172
defence would likely disappear.
The "pragmatic" approach recommended by the forum (which I do
not favour on principle), is that if you are genuinely unable to
determine who was driving after exhausting reasonable diligence
to try to find out, to name the most likely candidate.
#Post#: 50528--------------------------------------------------
Re: Poor Quality Image - Speeding
DIR By: mkm123
Date: December 19, 2024, 5:36 pm
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We have tried to work out who was driving but the location was
very close to our home, within a couple of miles - and drove
that road a few times on the same day and did not notice the
camera - so genuinely have no idea which of us was driving. as
we share the car - only one car between us it isn't even a case
of it being one of our cars and therefore one being more likely
than the other to be the driver.
#Post#: 50532--------------------------------------------------
Re: Poor Quality Image - Speeding
DIR By: andy_foster
Date: December 19, 2024, 6:41 pm
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Just tell the bench that you tried hard. I'm sure that'll work
out for you. Try not to complicate the issue by listing examples
of what you did that constituted trying hard.
#Post#: 50538--------------------------------------------------
Re: Poor Quality Image - Speeding
DIR By: Southpaw82
Date: December 20, 2024, 1:33 am
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--- Quote from: mkm123 link ---
>
> I have to also question the reliability of a camera recording
our speed that can't record a decent quality image - it really
is awful quality?
>
--- End Quote ---
The quality of the camera is irrelevant as regards any speed
measurement. Speed isn’t measured by the camera at all.
#Post#: 50560--------------------------------------------------
Re: Poor Quality Image - Speeding
DIR By: Freecall
Date: December 20, 2024, 6:02 am
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--- Quote from: andy_foster link ---
>
> Just tell the bench that you tried hard. I'm sure that'll work
out for you. Try not to complicate the issue by listing examples
of what you did that constituted trying hard.
>
--- End Quote ---
;D
#Post#: 50651--------------------------------------------------
Re: Poor Quality Image - Speeding
DIR By: Logician
Date: December 21, 2024, 1:48 am
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--- Quote from: mkm123 link ---
>
> We have tried to work out who was driving but the location was
very close to our home, within a couple of miles - and drove
that road a few times on the same day and did not notice the
camera - so genuinely have no idea which of us was driving. as
we share the car - only one car between us it isn't even a case
of it being one of our cars and therefore one being more likely
than the other to be the driver.
>
--- End Quote ---
So you drove that road "a few times on the same day" but you
have the time of the alleged offence so surely you can eliminate
some of those trips, leaving a few to concentrate on. Try to
remember the purpose of those trips, were you always together
for a joint purpose or were some of those trips more for one of
you than the other?
I have to tell you that if the registered keeper fails to name a
single driver, the court is very unlikely to accept that you
have used reasonable diligence and will convict the keeper of
failing to name the driver, which will result in an income
related fine, costs and 6 points. Much as it may go against the
grain in principle just to name the most likely driver, the way
the system works, that is the pragmatic thing to do.
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