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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Had an alleged speed on Motorway traffic control section (50)

Customer Question

Had an alleged speed on Motorway traffic control section (50) where camera shows 61mph. I am registered keeper and required under Road Traffic Act to provide details of driver. I have questioned the two people in the car at the time (I was not) and conducted with reasonable diligence (as prescribed in (3), (4) of the Act. The result is I can guess who was driving but the two drivers switched frequently on a long trip (6 hours) and could not say geographically where they were driving so could not say if it was in Derbyshire where the alleged offence was recorded. I requested the photo from Police but you cannot recognise any human features.

Can I reply that I have conducted reasonable diligence and the two drivers cannot say with certainty who was driving? Will this lead to me being summonsed as the keeper? Any other advice, I do nit feel I can with no reasonable doubt name the driver at the time of the alleged offence. Bryan
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is Alex Hughes and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Do you and the others have a clean licence?
Customer: replied 2 years ago.

One driver is clean (who was in the car at the time), The other in the car at the time has 3 points (SP30) and I have 6 points but was not in the car (proof).

Expert:  Alice H replied 2 years ago.
OK.

Well obviously you need to avoid being prosecuted for an offence that you did not commit so its essential that you make it clear as soon as possible that you were not the driver on the date in question.

In respect of the other two potential drivers my view is that you should name them both to the police if you cannot specifiy which one committed the offence. If you simply write back and say you cannot identify the driver the police will probably prosecute you for the offence - that's not a risk you want to take.

Sadly there is no legislation or case law on this exact point. So the best option is to put forward the true expalantion of the circumstances which is that two people were sharing the driving but you have not been able to say with certainty who committed the offence because you were not there.

Once you've laid down your defence even if you are prosecuted for speeding you can rely on alibi. If they prosecute you for failing to name the driver you will also have a defence under the Act as you've mentioned previously.

Alex
Expert:  Alice H replied 2 years ago.
Hi Bryan

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.

Regards
Alex Hughes

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