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Can police issue a notice of intended prosecution for speeding when they have no evidence and if they did do I still have to disclose the driver (UK)
I am going to court for not disclosing the driver of a vehicle but there is no evidence the vehicle was speeding.
The evidence shows that the scan by the LTI20.20 speed camera was a TIMEOUT error which means the initial speed Reading of 38 mph was inacurate due to sweep (sweep adds speed to the vehicle).
Can I still be found guilty for not disclosing the driver even though there is no evidence of an offence?
asked in law, speeding, uk



high1971 answers:

simple answer is yes


Supplement from 11/14/2008 12:14am:

you are legally required to name the driver of your car if the driver was not you

and as far as i remember a sweep only adds 10% to the speed so the car is still going above the speed limit

but it would be a good one to name the driver for your own sake and for the driver a good one to fight as i can not remember any win for the police when the camera was on scan or test


Supplement from 11/14/2008 12:15am:

having said that you never said if the camera was in a moving car as police vehicles record the speed of the car and this has been used as evidence before in cases


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cryptminder answers:

Yes the law was recently changed where it is now a legal requirement especially in cases of rear facing speed cameras that when a car is suspected to have been caught speeding the legal keeper of the car must state who was driving or in possession of the car at the time of the alledged offence.

Better own up and make it easier on yourself.


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robinsamuels answers:

You´re mixing up 2 different offences.

You as the owner of the vehicle can be prosecuted if you fail to provide the details of the driver when asked for by the police who have "reasonable grounds" for doing so. The evidence needed for the speeding prosecution may be invalid, but that is a matter that would need to be investigated by the court, not argued about by you and the police.

The word reasonable is a very difficult one in uk law. It is not a matter that is up to the police to define. If you fail to provide the details, you are attempting to prevent the court from deciding on the guilt of the driver and you are obstructing justice, therefore the charge.


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