i got flashed going threw a red light last week and ive got the paper work today, what right do I have? can I ask for the picture? I recently heard on the radio that you dont have to say who was driving. Is there any loophole of getting round this?
2006-10-24 05:38:51 · 23 answers · asked by Blade 3 in Politics & Government ➔ Law Enforcement & Police
you will need to pay the fine! simple as that.
2006-10-24 05:41:49 · answer #1 · answered by Anonymous · 5⤊ 0⤋
1) You have lots of rights, but effectively, you have none.
2) No. The Police won't release the picture unless you dispute it in court and they won't show it to you until it is produced as evidence IN the court. However, if you decide to go down that route, you'll lose. Oh, and end up paying court fees, solicitors fees, and probably get more points and a bigger fine. Believe me. Anyway, why do you want a picture? You've admitted above that YOU got flashed going through a red light. You know it was you and the Police know it was your vehicle, or they wouldn't have sent you the ticket. And now WE all know you did it. By the way... if you don't tell the Police who it was driving the vehicle, you will commit another offence.
3) The thing you heard on the radio IS NOT TRUE. It is being discussed that this is against your human rights of the right to silence, however no court has decided yet that you don't have to, so, yes, I'm afraid you do have to say who was driving.
4) No loopholes I'm afraid - people might advertise there are, but there aren't. Really.
2006-10-25 15:28:28 · answer #2 · answered by ragill_s1849 3 · 1⤊ 0⤋
Someone was driving the car so there must be a fine to be paid. The law as it stands says that the owner of the vehicle must declare who they think was driving. This may change as there is a case before the European Courts to stop this.
However, the picture will usually only show the car not always the driver. In some cases where the driver has loads of points already and may face a ban under the totting up rule, a kind partner or friend may say that they were driving and then take the points. The fine however must be paid. Its who takes the points is the way round the system.
2006-10-24 05:52:59 · answer #3 · answered by Big Tall Paul 2 · 1⤊ 0⤋
Under section 172 of the road traffic act 1988 it is an offence to not tell a police officer when asked who was driving the vehicle at the time of the offence (this applies to anything, not just tickets).
When you say who was driving, simply saying "Don't know, sold the car to someone I just met" doesn't cut it, because as the registered keeper you are legally liable for everything and anything that car does.
Instead of trying to worm your way out of something you've openly admitted to doing on a public message board (which would be disclosable as evidence by the way) why don't you accept your responsibility and pay the fine?
2006-10-24 05:51:13 · answer #4 · answered by badshotcop 3 · 5⤊ 0⤋
section 132 of the road traffic act make it the responsibility of the keeper of a motor vehicle to identify the person driving at the time of the offence failure means a seperate charge there is a case going through the european court regarding this but any decision is months away best pay the 60 pounds and take the three points if you go to court it will almost cetrtainly double.
2006-10-27 02:41:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Sorry but you have admitted the offence.
A £60 fine and 3 points on your licence. Well you got off lightly didn't you.
WHAT IF YOU HAD KILLED SOMEONE?
You would be looking at a prison sentence (or probably not judging by the stoopid judges in this country).
How would you feel if you friends/family/children were travelling in their car, obeying all the road signs, and some PRAT jumped a RED light and KILLED them all?
You would be gutted, distraught, angry, etc. etc.
So, DON'T DO IT AGAIN.
2006-10-24 06:15:14 · answer #6 · answered by Sally J 4 · 1⤊ 0⤋
Sorry Blade but you are stuck with a fine and three points. You can always go to court but they have a photograph, so it's a tough call. In this country you are innocent until proven guilty but this method of 'pay up or else' appears to abrogate that concept. If you feel strongly about this go to court and argue your case but I think you'd be on a loser.
2006-10-24 05:52:11 · answer #7 · answered by Rainman 4 · 1⤊ 0⤋
what u heard was, the guy in london got flashed for speeding, and as the law stands now , you have to admit that you were driving, The guy is taking them to court saying that its against the right of silence, that u are having to admit that u r the driver , he is saying , as the law states, u have the right to remain silent, means u have the right not to say it was u driving, so they should have to prove who the driver was. The case hasnt finished, so the outcome is not known, untill then, yes they can say u were the driver, unless u can prove u werent , e.g on holiday , in hospital etc
2006-10-24 05:54:38 · answer #8 · answered by Anonymous · 1⤊ 1⤋
you have to tell them who was driving (your responsibilty in eyes of the law as the vehicle owner you should know who is driving it).
Should be able to ask for a picture just write in to the central summons unit at you countys police force (the address will be in the paperwork), the pictures are generally of such a good quality you can tell who was drving! (my mate framed his and still has it in his living room)
You may end up aying more in thelong term if you dont pay up, hower you should be able to pay over a protracted course of time if cash is short, they should've sent you a form describing this, if not get in touch with them for one if cash is the sticking block.
2006-10-26 08:07:20 · answer #9 · answered by alx n 2 · 1⤊ 0⤋
You have got no chance of getting away with it I"m afraid. They will probably have a photograph of the driver as well. It will only cost you more money and grief, Pay the fine and put it down to experience.
2006-10-24 05:54:03 · answer #10 · answered by researcher 3 · 1⤊ 0⤋
Pay the fine... it is cheaper in the long run.... if you go to court they will make you pay for a lot of items- court fees, etc. so don't do them a favor by giving them more money... just pay the fine...
2006-10-26 09:05:23 · answer #11 · answered by P!ss Ant 5 · 0⤊ 0⤋