Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: chi on February 21, 2024, 10:35:32 pm
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All the press reports seem to indicate that is precisely what Mrs Hamilton did. But I have my doubts.
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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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:
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:
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.
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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.
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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.
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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
http://www.motorlawyers.co.uk/offences/failing_to_identify_driver.php 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