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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71903
Experience:  Over 5 years in practice
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I have received a Notice of Intended Prosecution relating to

Customer Question

I have received a Notice of Intended Prosecution relating to a speeding incident on M5. It is alleged my car was travelling 76mph in a 60mph area - not disputed.At the time of the incident both my wife and I were in the car and we do not know who was driving at the time. It is a 300 journey we make every other weekend and we change drivers on each journey, regularly.I have reviewed photographic evidence of the alleged offence but the photographs do not help identify who was driving. I have written to Avon & Somerset Constabulary asking if they have any other photographs or evidence that will help identify who was driving.In the event no evidence is available to identify who was driving how should I proceed with this matter? As the registered keeper of the vehicle, do I carry any sort of vicarious liability for the offence?
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 4 months ago.

What steps have you taken to find out who was driving?

I realise you won't know offhand but what investigative steps have you taken?

Bearing in mind this can only have been 14 days ago?

Customer: replied 4 months ago.
We have attempted to remember where, on this occasion, we changed drivers. Our difficulty is we make the same journey every 2 weeks with no set pattern for who drives when and when we change. Sounds fairly weak but it is the case. We have looked at which petrol station we filled up, as this is often a time to change, but we filled up by our home in Cornwall, which is sufficient for us to get home to Leicester without refilling.
Expert:  Jo C. replied 4 months ago.

Ok. If you really cannot name the driver then you will have to respond saying so and explaining.

That might well lead to you both being charged, ultimately, with failing to identify and then having to defend in court. There are steps that they need to take first but ultimately that could be the outcome.

you do have a defence to that charge as you say that you cannot say with reasonable diligence. In fairness, it is clear that you have taken more steps then most people do so you might succeed.

The reality is that it is a risk. It is a lot better than just naming one or the other of you though and being charged with perverting the course of justice and then facing a six month custodial sentence although I strongly suspect that most people receive suspended sentences. It is all relative!

Can I clarify anything for you?

Jo