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date: Thu, 17 Jul 2008 02:50:10 +0100,    group: uk.legal.moderated        back       
hypothetical question about speeding tickets   
If I were to get a speeding ticket for my car but for a time and place for 
which I could prove I wasn't driving but I was unable to say with any 
certainty who was driving. Would I still be liable for the fine and points. 
?

I was just curious and No I haven't had such a ticket... like I say just 
curious
date: Thu, 17 Jul 2008 02:50:10 +0100   author:   Rob

Re: hypothetical question about speeding tickets   
"Rob"  writes:

> If I were to get a speeding ticket for my car but for a time and place
> for which I could prove I wasn't driving but I was unable to say with
> any certainty who was driving. Would I still be liable for the fine
> and points. ?

I believe the usual approach here is to do you for failing to say who
was driving, instead. That still results in a fine and points,
though... 

Matthew 

-- 
Rapun.sel - outermost outpost of the Pick Empire
http://www.pick.ucam.org
date: Thu, 17 Jul 2008 10:20:07 +0100   author:   Matthew Vernon

Re: hypothetical question about speeding tickets   
On Thu, 17 Jul 2008 10:20:07 +0100, Matthew Vernon 
wrote:

> "Rob"  writes:
>
>> If I were to get a speeding ticket for my car but for a time and place
>> for which I could prove I wasn't driving but I was unable to say with
>> any certainty who was driving. Would I still be liable for the fine
>> and points. ?

If you satisfy the court that you were not the offending driver then you
could not be convicted.

> I believe the usual approach here is to do you for failing to say who
> was driving, instead. That still results in a fine and points,
> though... 

It is not an offence for a vehicle's keeper to be unable to identify the
driver if the court accepts that they have made sufficient and diligent
enquiries.

Tony
date: Thu, 17 Jul 2008 14:40:08 +0100   author:   Anthony R. Gold

Re: hypothetical question about speeding tickets   
X-No-Archive: yes

"Matthew Vernon"  wrote in message 
news:7jbq0wc1lh.fsf@rapun.sel.cam.ac.uk...
> "Rob"  writes:
>
>> If I were to get a speeding ticket for my car but for a time and place
>> for which I could prove I wasn't driving but I was unable to say with
>> any certainty who was driving. Would I still be liable for the fine
>> and points. ?
>
> I believe the usual approach here is to do you for failing to say who
> was driving, instead. That still results in a fine and points,
> though...


That's not strictly the law though......

http://www.marymonson.co.uk/failure-identity.htm

for example,  shows that under certain circumstances, if it is not possible 
to identify the driver at the time of the offence,  then the registered 
keeper of the vehicle cannot be held responsible....
It means a Court appearance, cross examination and you being able to show 
conclusively that you have behaved with "reasonable diligence"    (note, not 
'due' diligence) in attempting to discover the identity of the driver.
If you have done so,  it will be difficult for a Court not to dismiss or 
find not guilty of the charge.



Mark
date: Thu, 17 Jul 2008 12:55:08 +0100   author:   mark

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