uncertainty over driver responsible for speeding

peter_the_piper

vax2002 wrote: »

Only in England..... What happened to the right of innocence ?

It disappeared (in this type of case) when the obviously guilty tried to get off by just saying "not me guv". An offence was committed, one of two drivers possible, someone has to pay.

Trebor16

peter_the_piper wrote: »

It disappeared (in this type of case) when the obviously guilty tried to get off by just saying "not me guv". An offence was committed, one of two drivers possible, someone has to pay.

No such legislation exists that requires burglars, thugs and others who are suspected of committing criminal offences to incriminate themselves. That would breach their human rights after all. But with the advent of speed cameras motorists are forced by law to confess or face more draconian penalties for not revealing who was driving.

No doubt some will say "what's the problem, if you don't break the speed limit it won't affect you" but it is the issue of having to make an admission that has caused such controversy over the years.

Sadly the "learned" judges at the European Court of Human Rights think it is ok, but they chastise the UK when we try and deport convicted murderers, rapists and other violent criminals to their home countries because they might be ill treated when they return by the authorities in their own country, thus abusing the poor murderers human rights.

esmerobbo

If it was me I would "try" and remember as at that speed a SAC would probably be offered!

moonrakerz

sarahg1969 wrote: »

In respect of individuals, it is now more difficult to use the defence that you can't identify the driver.

unless you are a senior Police officer..........

Hintza wrote: »

I thought most families shared the points around these days?

Government Ministers only.................

Rolandtheroadie

peter_the_piper wrote: »

Danger here is a "failure to furnish" charge which is far more costly. The fine and points are far greater so it may well be better to find the "driver"

Lie? And risk jail

peter_the_piper

No, don't lie (and I never suggested they do so)but there is a 50/50 chance who's the driver, if in doubt then one will have to volunteer. The OP could always ask for pics to help identify the driver, it may help it may not.

Trebor16

peter_the_piper wrote: »

No, don't lie (and I never suggested they do so)but there is a 50/50 chance who's the driver, if in doubt then one will have to volunteer. The OP could always ask for pics to help identify the driver, it may help it may not.

Wasn't it the Hamiltons who were in a similar position when they got a NIP through the post? I recall they were unable to say who was driving and the court accepted that. I think you have to show due diligence that you have taken all reasonable steps to try and identify the driver. Asking for a photograph to assist in the identification process (never make the request and ask for "evidence", always to assist with identifying the driver). is always a good step to take as it shows that you are taking the necessary steps to try and identify who was driving.

pendulum

cyclonebri1 wrote: »

It always amazes me when someone says in effect they can't remember were they where and what they were doing at a certain time of day

I'd have no idea what I was doing at 9pm 7 days ago, 4pm 3 days ago, 1pm 13 days ago, and so on... absolutely none at all. I could try finding out by checking receipts etc, but my memory for past events during which nothing significant happened is terrible. It all blends in to one very quickly, and I don't keep a diary.

If you work from set times then that helps, but if you're self employed, out of work, working only part time etc, it's not so easy!

mchale

OP, was the NIP received by reg owner within 14 days of alleged offence??

cyclonebri1

Jeff_Bridges_hair wrote: »

You ask me what i was doing last thursday at !3:35 I would have no idea though. The only way i would be able to tell would be look up my diary and try and work it out from there.

Not everyone has a pin point memory like you - whether its being old and maybe losing their memory to people who are extremely busy and have most days roll into one.

Please dont judge people that you know nothing about. It's a horrible trait.

Jeuss chap get back down to earth.:A It's not ajudgement or trait, but it is a distinct possibility and a likelyhood that this is a get out post. My view is simply a view, just like yours of course. Accept it or offer an alternative view.

A few minutes talking to yourself, and in this case to the wife, would resolve the issue honestly.

That was my only point.

I'm not judging anyone, I'm an old git anyway, but I do remember when I drove my car, when she drove hers, and when we swapped over,
Take care fella,