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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
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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
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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
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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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