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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a NIP alleged speeding offence, both my Wife

Resolved Question:

I received a NIP for an alleged speeding offence, both my Wife and I were driving at that time as we were clearing out my Mothers belongings from the care home, following her death the previous week. the alleged offence was driving at 48 in a 40 zone. I advised the ticket office that the driver was either myself or my Wife. They then supplied an image but this did not provide me with any assistance to help identify who actually drove. I have since received a charge of "Fail to give information relating to the identification of the driver of the a vehicle when required".
The hearing will be in November and I am asked to plead guilty or not guilty, the dilemma is, what do I plea, I have provided the names of the drivers and have also advised the ticket office that I was prepared to accept the fine etc but could not plead guilty as I did not know which of us was driving. The image provided is of the back of the car and does not show the driver.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You have done what is required, that is to identify who could be the driver. Businesses are required to keep records but not individuals.
You have done what is required. You should be aware that this offence carries 6 points but if you have evidence you have identified who could have been driving, that is your legal requirement.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
I thought That I had done as much as I could, but should I plead guilty or not guilty to the charge of "failing to identify the driver". I am concerned of the costs that may stack up if this goes to court, I have been considering pleading guilty with mitigating circumstances.
Expert:  Ash replied 2 years ago.
Its a matter for you, but it would be 6 points and smaller Court costs.
If you didnt do it, then you should plead not guilty.
Alex
Customer: replied 2 years ago.
At the time of the incident I was under considerable stress due to my Mother dying, however if I had I bean aware of causing the offence I would hold my hands up and take the consequences. The letter I have received is the first stage in the matter, so that I can plead guilty or not guilty, then there will be a date set for the case to be heard. If I plead guilty could the court find me not guilty once they have looked at the correspondence and see that I have named the possible driver. Or would I end up with points regardless.
Expert:  Ash replied 2 years ago.
No.
If you named and found not guilty there is no penalty.
Alex
Customer: replied 2 years ago.
Yes, but if I pleaded guilty of not identifying the driver could the court overturn my plea. My plea is regarding the identification not the driving offence, I cannot be sure who was driving.
Expert:  Ash replied 2 years ago.
No. You are not pleading to the speeding offence, but the fail to id driver. Thats it, so it would not be overturned.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks for your advice.