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Messages - Bertieboo

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Speeding and other criminal offences / Re: Failure to identify driver
« on: October 04, 2023, 12:00:22 pm »
Newnit posted a reply ‘unless your wife has been charged with both speeding and failure to furnish’…
I attach the ‘intention to prosecute’ in which the offence is excess speed. I also attach the charge sheet which only ‘refers failure to identify’. Is she being charged with both offences? If both charges are valid, could a deal admitting the offence be open to her. How would we do this? Writing directly to the Court?

2
Speeding and other criminal offences / Re: Failure to identify driver
« on: October 04, 2023, 11:41:26 am »
I'm afraid we don't have anything like that we can rely on. Bank and credit card statements have nothing.

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Speeding and other criminal offences / Re: Failure to identify driver
« on: October 04, 2023, 09:13:46 am »
All your considerations have been very helpful indeed. I think she will have to engage a solicitor for representations.

4
Speeding and other criminal offences / Re: Failure to identify driver
« on: October 03, 2023, 05:58:08 pm »
Yes it was

5
Speeding and other criminal offences / Re: Failure to identify driver
« on: October 03, 2023, 03:08:49 pm »
Our ‘reasonable diligence’ was asking if there was a front facing photo (didn’t help) but which helped us to also find the camera location to work out who was driving. If it comes down to ‘what is most likely’, then we can say who. We didn’t think it was right to guess (could the police have other photographic evidence proving or disproving our plea?)
Can we put this forward to the court in writing now or do we have to travel to the court to answer the summons?
The summons reason is ‘For a case management hearing (deft to attend). What does that mean?

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Speeding and other criminal offences / Re: Failure to identify driver
« on: October 03, 2023, 02:19:15 pm »
Attached is the pleas made and enclosed with the posted plea

7
Speeding and other criminal offences / Re: Failure to identify driver
« on: October 03, 2023, 02:14:32 pm »
We were both in the car. We were travelling for a week from Herefordshire to Devon, then Cornwall, then back home. We had 4 dogs in the car - 3 our own and one border collie we were looking after. It was very stressful. Our dogs were caged and the collie restrained. The collie barked, whined and occasionally was very argumentative with our other dogs. We shared the driving, with the passenger basically keeping them distracted, quiet etc. We had to use google maps to see where the camera was and to then think who was driving then...which we couldn't answer. We were being honest. The easiest way would have been to say I was driving..but we were not sure.

8
Speeding and other criminal offences / Failure to identify driver
« on: October 03, 2023, 11:59:26 am »
on 16/12/2022 my wife received an ITP from Devon ans Cornwall Police for speeding 'on the A30 Roseworthy Eastbound@ for 'exceeding 60mph'. The alledged recorded speed was 69mph.
we would not recall 100% who was driving ( we are both insured on the vehicle) so we asked for assistance in identifying the driver (letter to the 21/12/2022).
The images they sent on 17/1/2023 showed the rear of the vehicle. Identity of the driver was impossible - 'unfortunately in this instance the images are rear facing only. You may be able to refer to the offence location, time, diary entries, or phone records (both bizarre requests) to identify who was driving at the time of the alleged offence.'
My wife replied on 26th January ' my husband and I have thought very carefully about this matter and understand our obligations to take all reasonable steps to identify who was driving. We re unable to be certain who was driving at the time. We are aware that it is a further offence to make a false declaration and regretfully we just cannot truthfully identify who was driving.'
D&CP responded on 6/2/2023 saying we have failed to comply with section 172 and the case is forwarded for court proceedings.
She received the SJP on 26/6/2023. we replied under Section 4 NOT GUILTY
Section 5 - we sent reasons for the not guilty plea.
Summons received to attend Court on 13/12/2023.
What do we do now?

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