Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: mkm123 on December 19, 2024, 10:53:05 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.
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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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.
;D
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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?
The quality of the camera is irrelevant as regards any speed measurement. Speed isn’t measured by the camera at all.
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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.
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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.
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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.
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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.