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Notice of Intended prosecution on 12:17 - Oct 21 by Catullus
Asking for proof isn't any kind of admission, it's saying can you prove it? The prosecution have to prove your guilt, they have to supply evidence, they have to disclose evidence when asked too. Or so I believe
Is that right Sirjiohnalot? I'm happy to be corrected.
That's exactly right. You cannot just deny it and then on the day of trial ask for proof. You'll be told you should have asked for it before the day of trial.
The s172 is asking who the driver was, it is a completely distinct offence from the speeding or seatbelt eg. So it does not matter if you were not speeding or not wearing a seatbelt as the offence committed will be failing to respond or simply saying 'I don't know' as it is registered keeper's duty to know who was driving his car at the time or do everything possible to ascertain who it was'
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[Post edited 21 Oct 2021 13:30]
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Notice of Intended prosecution on 17:28 - Oct 21 with 1281 views
Notice of Intended prosecution on 13:24 - Oct 21 by Sirjohnalot
That's exactly right. You cannot just deny it and then on the day of trial ask for proof. You'll be told you should have asked for it before the day of trial.
The s172 is asking who the driver was, it is a completely distinct offence from the speeding or seatbelt eg. So it does not matter if you were not speeding or not wearing a seatbelt as the offence committed will be failing to respond or simply saying 'I don't know' as it is registered keeper's duty to know who was driving his car at the time or do everything possible to ascertain who it was'
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[Post edited 21 Oct 2021 13:30]
What if you genuinely don't know or cannot remember? Surely, just blaming the keeper goes against every legal principle of innocence until proven otherwise?
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Notice of Intended prosecution on 17:55 - Oct 21 with 1274 views
What if you genuinely don't know or cannot remember? Surely, just blaming the keeper goes against every legal principle of innocence until proven otherwise?
Have a look at the pictures and evidence and go from there. If you still can’t or don’t remember, it’s likely the registered owner will have to go to Court to plead their case, but they’re likely to get done and have a bigger punishment than they’d have had for admitting the offence, otherwise loads of people would be trying it. Have a look at the Op Snap from Devon and Cornwall police on you tube, some of the fines handed out when the Registered Owner failed to ID they driver are eye opening.
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Notice of Intended prosecution on 18:44 - Oct 21 with 1260 views
What if you genuinely don't know or cannot remember? Surely, just blaming the keeper goes against every legal principle of innocence until proven otherwise?
This is why the notice gets sent out shortly after. You should know who is driving your car otherwise everyone would say that every time.
You can say you don’t know but then you have to show what you have done to find out who the driver was. I can’t think of any circumstances when you wouldn’t know.
It doesn’t go against legal principles, you have a duty to know who is driving your car, and you have to let them know. There’s case law which establishes this doesn’t go against the principle of self incrimination.
If you think about it neutrally, that has to be right as no one would ever be convicted of speeding or traffic lights when flashed.
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Notice of Intended prosecution on 19:34 - Oct 21 with 1241 views
What if you genuinely don't know or cannot remember? Surely, just blaming the keeper goes against every legal principle of innocence until proven otherwise?
Well if you don't know or can't remember who drives your car, then you really do have a problem
You give it out, you take it back it`s all part of the game
There was a lawyer who was very successful at getting ppl off. He said if they were not sure who the driver was, then to name one would be perjury. I believe it says on the summons that you have to give the correct info. Not sure if he still does it, but it worked.
There was a lawyer who was very successful at getting ppl off. He said if they were not sure who the driver was, then to name one would be perjury. I believe it says on the summons that you have to give the correct info. Not sure if he still does it, but it worked.
Nick Freeman.
Yes, but the law says you can say that but you must also do all that is reasonable to establish who the driver was otherwise you’re guilty.
Criminal Procedure Rules dictate that the ‘law is not a game’ the days have passed where you can turn up on the day or trial and simply cite a list of things that you want.
Notice of Intended prosecution on 21:18 - Oct 21 by Sirjohnalot
Nick Freeman.
Yes, but the law says you can say that but you must also do all that is reasonable to establish who the driver was otherwise you’re guilty.
Criminal Procedure Rules dictate that the ‘law is not a game’ the days have passed where you can turn up on the day or trial and simply cite a list of things that you want.
What if you genuinely don't know or cannot remember? Surely, just blaming the keeper goes against every legal principle of innocence until proven otherwise?
Who the f*ck doesn't know who is driving their car?
I can understand someone not knowing who is logged onto their WiFi or who borrowed their DVD, but a car? Nah. That's bollocks.
Pain or damage don't end the world. Or despair, or f*cking beatings. The world ends when you're dead. Until then, you got more punishment in store. Stand it like a man... and give some back.
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Notice of Intended prosecution on 22:10 - Oct 21 with 1165 views
i'm not sure if he still does it, but it worked for him at the time. I love loopholes.
No, it wasn't him, but Nick Freeman had a lot of success
[Post edited 21 Oct 2021 21:55]
He did, but especially with drink driving it put lives at risk and made a mockery of the system. It’s tightened up a lot now, in drink drive eg, it’s assume the machines are working properly unless you can prove otherwise. All experts agree that the machines self diagnose when there’s a fault
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Notice of Intended prosecution on 22:37 - Oct 21 with 1150 views
There was a lawyer who was very successful at getting ppl off. He said if they were not sure who the driver was, then to name one would be perjury. I believe it says on the summons that you have to give the correct info. Not sure if he still does it, but it worked.
Yes, he did well getting a bloke off in Gloucester who was pissed and ruined the life of a young child when he hit her on a Sunday afternoon having been on it for five hours. Great bloke.
A great believer in taking anything you like to wherever you want to.
Somnambulism is one excuse that could be deemed a get out in this scenario I believe it is not without precedent ? A guilty act requires a guilty mind (mens rea ) therefore if you have any history of sleepwalking as I do you can't be convicted if you pleaded this .
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Notice of Intended prosecution on 23:11 - Oct 21 with 1117 views
Notice of Intended prosecution on 22:37 - Oct 21 by KeithHaynes
Yes, he did well getting a bloke off in Gloucester who was pissed and ruined the life of a young child when he hit her on a Sunday afternoon having been on it for five hours. Great bloke.
Sad, but I thought that's what defence lawyers do.
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Notice of Intended prosecution on 08:19 - Oct 22 with 1077 views
Notice of Intended prosecution on 23:11 - Oct 21 by howenjack
Somnambulism is one excuse that could be deemed a get out in this scenario I believe it is not without precedent ? A guilty act requires a guilty mind (mens rea ) therefore if you have any history of sleepwalking as I do you can't be convicted if you pleaded this .
Nope, a lot of offences have strict liability, doesn’t require any intention such as going through a traffic light. May have special reasons not to have points, but you’re still Guilty
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Notice of Intended prosecution on 10:25 - Oct 22 with 1047 views
Notice of Intended prosecution on 22:37 - Oct 21 by KeithHaynes
Yes, he did well getting a bloke off in Gloucester who was pissed and ruined the life of a young child when he hit her on a Sunday afternoon having been on it for five hours. Great bloke.
Bigger problem now is drug driving .
Also No Insurance. Any objections to the cameras for sussing out uninsured drivers
Notice of Intended prosecution on 08:19 - Oct 22 by Sirjohnalot
Nope, a lot of offences have strict liability, doesn’t require any intention such as going through a traffic light. May have special reasons not to have points, but you’re still Guilty
Here is the guy. it's from 2011
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Notice of Intended prosecution on 12:06 - Oct 22 with 1010 views
Notice of Intended prosecution on 08:19 - Oct 22 by Sirjohnalot
Nope, a lot of offences have strict liability, doesn’t require any intention such as going through a traffic light. May have special reasons not to have points, but you’re still Guilty
I know somnambulism is a defence to bigger Crimes - I didn't know not wearing a seatbelt was strict liability.
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Notice of Intended prosecution on 14:16 - Oct 22 with 988 views
Notice of Intended prosecution on 18:44 - Oct 21 by Sirjohnalot
This is why the notice gets sent out shortly after. You should know who is driving your car otherwise everyone would say that every time.
You can say you don’t know but then you have to show what you have done to find out who the driver was. I can’t think of any circumstances when you wouldn’t know.
It doesn’t go against legal principles, you have a duty to know who is driving your car, and you have to let them know. There’s case law which establishes this doesn’t go against the principle of self incrimination.
If you think about it neutrally, that has to be right as no one would ever be convicted of speeding or traffic lights when flashed.
That is surely the most succinct analysis as there has ever been posted.
If you do the offence then don't winge
We have to make the roads safer.
Ask why people drive with a phone in their hands,without a seat belt and drugged/pysed,first.
Notice of Intended prosecution on 14:16 - Oct 22 by onehunglow
That is surely the most succinct analysis as there has ever been posted.
If you do the offence then don't winge
We have to make the roads safer.
Ask why people drive with a phone in their hands,without a seat belt and drugged/pysed,first.
We may not all agree that we have commit ed an offence. We may have transgressed some form of legislation, but we don't all feel like criminals if we have gone an extra mph over the speed limit etc and nobody has been harmed.That limit may be increased or decreased the next week.
There are hundreds of thousands of so celled laws and statutes, it's impossible for anyone to know them all even judges and barristers.
If I have committed some infringement, i will try my best to get around it, however If there is a victim and some injured party, and I know it's my fault then I will put my hands up
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Notice of Intended prosecution on 22:26 - Oct 22 with 919 views
Notice of Intended prosecution on 22:02 - Oct 21 by Dr_Winston
Who the f*ck doesn't know who is driving their car?
I can understand someone not knowing who is logged onto their WiFi or who borrowed their DVD, but a car? Nah. That's bollocks.
OK. You drive to Killay to meet your mates for a few bevvies at lunchtime (approximately 1PM). Your missus takes over the car and drives home. 4 days later you get a notice of intended prosecution for one of the offences above saying the offence was committed at 1PM in Killay. Who was driving?
Lord_Jack increasingly detached from the riches of kicking a ball
Notice of Intended prosecution on 22:26 - Oct 22 by jack_lord
OK. You drive to Killay to meet your mates for a few bevvies at lunchtime (approximately 1PM). Your missus takes over the car and drives home. 4 days later you get a notice of intended prosecution for one of the offences above saying the offence was committed at 1PM in Killay. Who was driving?
The ticket will tell you which camera clocked you and the time so you’ll be able to work out where on the map in relation to the pub the camera was.
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