Ask a Law Question, Get an Answer ASAP!
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.
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?
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?