3. regarding a speeding ticket where cannot identify driver
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regarding a speeding ticket where cannot identify driver
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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
   
Failing to Identify Driver | Notice of Intended Prosecution
Failing to Indentify Driver upon receipt of a Notice of Intended Prosecution. What if I genuinely do not know who was driving? What is the maximum penalty for failing to supply information pursuant...
motorlawyers.co.uk
    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
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Re: regarding a speeding ticket where cannot identify driver
« Reply #1 on: »
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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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
Re: regarding a speeding ticket where cannot identify driver
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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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Re: regarding a speeding ticket where cannot identify driver
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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:

Hamiltons finally exonerated
NEIL AND CHRISTINE BUCK SPEEDING CHARGE
the Guardian · theguardian.com


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:

'Speeding' driver demands justice | South Wales Argus
A MOTORIST has been convicted of speeding - even though he told magistrates he should be cleared because Christine and Neil Hamilton had been.
South Wales Argus · southwalesargus.co.uk


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.
« Last Edit: February 22, 2024, 05:17:35 pm by NewJudge »
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Re: regarding a speeding ticket where cannot identify driver
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Quote from: NewJudge on February 22, 2024, 05:15:41 pm
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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There are motorists who have been scammed and those who are yet to be scammed!
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  3. regarding a speeding ticket where cannot identify driver