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Speeding Notice - What not to do

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Opening the post this morning you receive a notice from the police informing you that the vehicle you are the registered owner of has been caught by a speed camera exceeding the speed limit. The notice requires you to identify the drive, so what should you not do?

You may think to ignore it as the police cannot prosecute for speeding if they cannot identify the driver. Whilst technically this is correct, unfortunately for you as the law requires you to respond within 28 days to identify the driver, ignoring it will mean that you will be prosecuted for a separate offence of “failing to identify the driver”. This will result in with a fixed penalty or being summonsed to court. This penalty can be worse than if you admitted to speeding in the first place!

“you may think to ignore it as the police cannot presecute for speeding if they cannot identify the driver”

You may think you are being clever and agree within another that they will admit to speeding and with it taking your points. Whilst this may be tempting it is not advisable. If it is discovered that you were the driver then you will be prosecuted for perverting the course of justice. This is a serious criminal offence and you can expect a prison sentence if found guilty.

If you genuinely do not know who was driving the vehicle, as it is used by others, then simply writing back to say you do not know will not be sufficient as you will not have identified the driver and you will still be liable for prosecution. As long as you have made all reasonable and practical enquiries to find out who the driver was, then you should notify the police that you cannot identify the driver. In this case you would have to plead the defence of “due diligence” and if the court accepts your defence then you will be acquitted of the offence.

If you have received a speeding notice or any other motor offence, then contact Tony Randle on 01902 429 051.

R N Williams & Co.
53 Waterloo Road,
Wolverhampton,
WV1 4QQ
Tel: 01902 429 051
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