3. Video evidence disclosure question
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NewJudge

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Re: Video evidence disclosure question
« Reply #15 on: March 06, 2025, 02:42:19 pm »
Formal requests for disclosure only come into play when court proceedings have begun.

What you are asking for is assistance to help you identify the driver. The police have no obligation to do that or to share any evidence with you.

The apparent vague location may help you defend the FtP charge. However I have a feeling it won't. You describe the journeys as those where one person drives for its entirety (as opposed to two or more sharing the driving during a single trip). If that is so, the same person will have been driving wherever the alleged offence took place and the only thing that will help you is the time of the particular trip (which, presumably, you have).

You have no obligation to keep records of who is driving your car at any particular time. As well as that, your duty to establish who was driving is not an ongoing one. It only begins if and when you have been asked.

There have been some successes with the simple argument that "I cannot establish who was driving". Here's one:

https://www.dailymail.co.uk/news/article-202833/Christine-Hamilton-cleared-speeding.html

But you have to be convincing (or perhaps the spouse of a former - albeit disgraced - government minister). It is not just a case of turning up and saying "dunno, your Honour", as this chap found out:

https://www.southwalesargus.co.uk/news/4604985.speeding-driver-demands-justice/
« Last Edit: March 06, 2025, 02:45:29 pm by NewJudge »
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BertB

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Re: Video evidence disclosure question
« Reply #16 on: March 06, 2025, 04:25:11 pm »
Quote from: NewJudge on March 06, 2025, 02:42:19 pm
You describe the journeys as those where one person drives for its entirety (as opposed to two or more sharing the driving during a single trip). If that is so, the same person will have been driving wherever the alleged offence took place and the only thing that will help you is the time of the particular trip (which, presumably, you have).

I'm pretty sure he is describing the opposite NJ

Quote
Journey starts and Driver gets to a destination along the route, exits the vehicle and one of the other passengers then drives. Therefore Different points along the route would be different driver. (That is where the importance of the whereabouts comes in) and then Different drivers different days on the same journey.
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ManxTom

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Re: Video evidence disclosure question
« Reply #17 on: March 06, 2025, 04:41:47 pm »
Quote from: Just234 on March 06, 2025, 02:01:35 pm

... Journey starts and Driver gets to a destination along the route, exits the vehicle and one of the other passengers then drives. Therefore Different points along the route would be different driver. (That is where the importance of the whereabouts comes in) and then Different drivers different days on the same journey...

When you say "... one of the other passengers then drives..." are you saying that there more than two people who could potentially be the driver on each journey along that route, depending upon where this incident was on the route?

Did you not ask the police if they could give a more precise indication of the location and direction of travel to assist you in identifying the driver?
« Last Edit: March 06, 2025, 04:43:24 pm by ManxTom »
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andy_foster

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Re: Video evidence disclosure question
« Reply #18 on: March 06, 2025, 05:18:39 pm »
Quote from: Just234 on March 06, 2025, 12:49:13 pm
What is the statutory defence?

The one that I posted in the second post in this thread. If you are not going to read the advice given, I can stop you asking questions...
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NewJudge

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Re: Video evidence disclosure question
« Reply #19 on: March 06, 2025, 05:59:59 pm »
Quote
I'm pretty sure he is describing the opposite NJ
Yes thanks Bert.

Apologies, just234. Completely the wrong end of the stick. The unusual nature of these journeys may well help you with a defence to the FtP charge.

Do you think you will be able to convince the court of the apparent random nature of the drivers on these journeys?
« Last Edit: March 06, 2025, 06:03:07 pm by NewJudge »
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BertB

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Re: Video evidence disclosure question
« Reply #20 on: March 07, 2025, 10:26:58 am »
Quote
Journey starts and Driver gets to a destination along the route, exits the vehicle and one of the other passengers then drives. Therefore Different points along the route would be different driver. (That is where the importance of the whereabouts comes in) and then Different drivers different days on the same journey.

I'm frankly trying to get my head around this multiple driver scenario as described by the OP. If I read it correctly, driver A drives to first destination, gets out and is replaced by passenger B, who then drives to a different destination, gets out and is replaced by passenger C, who then drives... etc.

As someone who has been involved with Six Sigma principles and Lean manufacturing for many years, this gives me a twitchy eye and an itchy stabbing hand.

Why doesn't passenger D (for ex.) drive to the last destination, dropping people off along the way. Why the need for multiple drivers? Unless we are talking absolute miles and maximum driving hours. It makes no sense and to be honest if I was on the bench, a story I would be mildly sceptical of.     
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