peterarcher
New member
Hi All
Whether you act on this information or not is up to you, however, should I be unfortunate and fall foul of the dreaded camera I will certainly have a go. So, this is it.
Speed cameras rely on a law requiring you to say who was driving at the time of an alleged offence.
Not saying who was driving will lead to a charge of witholding information under section 172 of the road traffic act, while admitting to being the driver will lead to a fixed penalty for speeding.
But another law says that before suspects are questioned about an offence they should receive a formal caution. No caution is given when a speeding notice is delivered through the post.
The following letter, below, is designed to accompany an admission to being the driver. It points out that, since no caution has been given, the admission cannot be used as evidence in court.
Specialist road traffic lawyer Robert Dobson said, In English law there is a requirement that if a statement is going to be used against somebody, that person has to be cautioned under section 78 of the police and criminal evidence act. If a caution has not been given, then the argument runs that anything thats said cannot be used as evidence in court. Therefore, you have complied with section 172 by admitting to be the driver but you are not going to allow that information to be used in court. If they do not know who the driver is they cannot proceed with the conviction.
Specimen letter.
Insert their reference letter here.
Insert your registration number here.
Dear Chief constable
Further to the above notice of intended prosecution, I confirm that the following individual was driving the above vehicle at the time of the alleged motoring offence.
(Insert all of the details asked for on the notice of intended prosecution here, including name, address, date of birth and driver number.)
As this statement is provided under threat of criminal penalty (Funke v France ) and as I have not received the caution required by paragraph 10.1 of PACE Code C (Mawdesley-v-The Chief Constable of Cheshire (2004) 1 all E.R. 58 ), I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself.
Yours sincerely
Insert your name here
Print your name here.
Remember, different forces may reach different decisions, and there is no guarantee that the case will be dropped. Having said that if your license is in jeopardy it is worth having a go. The worst that can happen is you just end up paying the fine, the best is you get the case dropped.
Good luck.
Peter
Whether you act on this information or not is up to you, however, should I be unfortunate and fall foul of the dreaded camera I will certainly have a go. So, this is it.
Speed cameras rely on a law requiring you to say who was driving at the time of an alleged offence.
Not saying who was driving will lead to a charge of witholding information under section 172 of the road traffic act, while admitting to being the driver will lead to a fixed penalty for speeding.
But another law says that before suspects are questioned about an offence they should receive a formal caution. No caution is given when a speeding notice is delivered through the post.
The following letter, below, is designed to accompany an admission to being the driver. It points out that, since no caution has been given, the admission cannot be used as evidence in court.
Specialist road traffic lawyer Robert Dobson said, In English law there is a requirement that if a statement is going to be used against somebody, that person has to be cautioned under section 78 of the police and criminal evidence act. If a caution has not been given, then the argument runs that anything thats said cannot be used as evidence in court. Therefore, you have complied with section 172 by admitting to be the driver but you are not going to allow that information to be used in court. If they do not know who the driver is they cannot proceed with the conviction.
Specimen letter.
Insert their reference letter here.
Insert your registration number here.
Dear Chief constable
Further to the above notice of intended prosecution, I confirm that the following individual was driving the above vehicle at the time of the alleged motoring offence.
(Insert all of the details asked for on the notice of intended prosecution here, including name, address, date of birth and driver number.)
As this statement is provided under threat of criminal penalty (Funke v France ) and as I have not received the caution required by paragraph 10.1 of PACE Code C (Mawdesley-v-The Chief Constable of Cheshire (2004) 1 all E.R. 58 ), I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself.
Yours sincerely
Insert your name here
Print your name here.
Remember, different forces may reach different decisions, and there is no guarantee that the case will be dropped. Having said that if your license is in jeopardy it is worth having a go. The worst that can happen is you just end up paying the fine, the best is you get the case dropped.
Good luck.
Peter
