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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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In August I received intention of prosecution for speeding

Customer Question

In August I received intention of prosecution for speeding (89 in a 70). It was a hire car and the offence was committed 40 days prior to me being notified.

I wrote back saying that I could not be sure if it was me or my wife driving at the time as it was nearly 7 weeks ago. I requested to photo but that didn't clarify it; I was also informed that I am obligated to know who was driving at the time.

I have now received a court summons for the speeding offence and failure to supply driver information.

I currently have a clean licence
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

is it a reasonable defense to not be sure who was driving the car 40 days ago?

Expert:  Jo C. replied 3 years ago.
No, its not. In fact its very damaging that you have done this. It might be possible to put it right to an extent.

Do you really not know who was driving? I realise it was 40 days ago but the law demands that you investigate and we can all check our diaries to find out where we were.