They are asking me who was driving etc. This letter was sent to my old address (my fault for not changing it) 2 months ago. How bad do you think this is?
2006-12-07 23:23:12 · 22 answers · asked by Yellow Dice 2 in Politics & Government ➔ Law Enforcement & Police
Ok... you will get off if you say this....
" I was on a very long journey from {x} to {y} and I was sharing the driving responsibilities with {??????}. I do not know the location of the place that the speeding incident was recorded. We changed over a few times and I honestly cannot remeber who was diving at this place."
They will not pursue this if you are genuine enough in your reply.
2006-12-07 23:27:55 · answer #1 · answered by jonti 5 · 1⤊ 1⤋
Probably as a result of either a photographic radar system, or a complaint from a 'concerned citizen' or off duty officer. Consider yourself fortunate. In some states, they won't even bother to inquire and just cite the registered owner with a summons. The police can still issue if you fail to respond, though in some states, the statute of limitations on issuing traffic would have passed.
Check with that local court and find out if anything action was ever taken against your license. Explain that you 'lost the ticket' and wasn't sure if it was issued there or somewhere else. They can look it up.
Then write the police back, explaining you just got their letter because you moved and be cooperative. If you can't remember who had your car that day, that really is too bad... ;)
Get a ticket? Go to court with an alibi on NOT being the operator.
2006-12-08 07:38:27 · answer #2 · answered by Tough Love 5 · 0⤊ 0⤋
This is strange. There are several things wrong here.
a. the onus is on them to prove you were speeding. Dont take their word for it.
b. The ticket was not issued at the time of the alleged incident.
c. There is no way to prove you were the driver, even though you are responsible for the vehicle as the owner.
d. The address on the ticket is wrong. YOU DID NOT fail to report the change of address. THEY issued it to the wrong address.
I think this could be some kind of scam, someone is trying to collect. Don't pay. Wait for summons and a court date.
Go in front of the judge and raise the doubts I have given here.
You will get off.
LESSON 101: Don't speed.
.
2006-12-08 07:39:40 · answer #3 · answered by Nightrider 7 · 0⤊ 0⤋
Don't ignore it. your vehicle reg will be submitted to an automatic number plate recognition database and the next time you pass a camera you'll be pulled over, and then you'll find yourself having to explain why you didn't change your address with the DVLA for which you could get a pretty hefty fine. The DVLA are not messing about these days, they've invested a lot of money into new systems and they aim to recoup it.
You should just take the three points and the fine and then you can breathe easy knowing you've got it sorted. Because until then, every time you drive infront or behind a police vehicle which may be fitted with number plate recognition cameras you will be worrying that they will catch you. And trust me, they will.
Honesty.....-.....BEST POLICY!
2006-12-09 11:23:51 · answer #4 · answered by THE BULB 3 · 0⤊ 0⤋
Under the terms of the road traffic act YOU as the registered keeper of the vehicle MUST tell them who was driving or you will get the points and fine and probably an additional charge of trying to pervert the course of justice.
Although not changing addresses on the driving licence is an offence it would be the DVLA that would most probably decide if they want to prosecute as long as the Police did not think that you were trying to pervert the course of justice.
2006-12-09 10:49:05 · answer #5 · answered by Paul D 3 · 0⤊ 0⤋
Part of the package they would have sent you will be a Section 172 declaration. This is a legal requirement under the Road Traffic Act to identify a driver of a motor vehicle at the time and date of the offense.
It is an offence to fail to provide this information.
It is an offence to lie or provide misleading information which can lead to you being prosecuted for Attempting to pervert the course of justice.
If you ignore it, you'll be reported to the courts. If you argue your case in court and are found guilty, the court may impose a higher fine and a greater number of points.
Take my advice. If your guilty, just take it on the chin and get on with your life.
2006-12-12 06:01:27 · answer #6 · answered by leckie1UK 2 · 0⤊ 0⤋
You have a couple of options
Go the legal route. Tell the police you have changed your address and take the points. I would check your old address for mail so you can see how bad the penalty is now.
Go the illegal way and keep quiet. The problem there is as follows,
You get stopped by the police, they check your car out on PNC they see it is registered to you, your name will not have changed, they then check you on PNC, this will show that you are wanted for Non Payment of Fines, you get arrested for this taken to court and are issued a nice big fine and banned from driving.
Your choice.
2006-12-09 09:23:25 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Dont listen to popular myth that if you say you cant remember who was driving you wont get prosecuted, or by saying it was a relative from outer mongolia, who has gone back, the fact is if you or who ever was driving doesn't admit to driving the court will prosecute the registered keeper of the car.
There is a new fixed penalty offence of "Failing to declare driver" at the time of a fixed penalty offence and this carries the same punishment as the offence reported, ie speed 3 points and £60.
If you name a driver that is then investigated and found to be untrue you could be prosecuted for "Attempting to pervert the course of justice" and that is prison time !
I wouldn't worry about your change of address, every court and sensible person knows it takes time to sort your personal admin out after you move, although you should sort it asap
2006-12-08 08:19:28 · answer #8 · answered by rick_wenham 2 · 1⤊ 1⤋
Normally, you have 28 days to reply. They should have written to you giving you an extra seven days.
Although I shouldn't be saying this, if they have written to you again, chances are they won't pursue you.
However, be warned that if you do not provide details of the driver when requested, you commit a criminal offence contrary to the Road Traffic Act for which you can be prosecuted. This will only serve to increase the fine you will pay together with any Prosecution costs awarded against you by the Court.
Hope this helps...Good luck :-)
2006-12-09 12:40:32 · answer #9 · answered by dobbie 1 · 0⤊ 0⤋
If the infraction was documented by one of those new unmanned radar cameras, they send the ticket to the owner of the vehicle. The law presumes that you, as the owner, should have full control of your vehicle no matter who is driving it and that you, as the owner, should not loan your vehicle to someone irresponsible enough to speed or run a red light.
I don't necessarily agree with this, but that's the way it is.
Consider yourself fortunate that they are not automatically giving you the ticket as they would in many jurisdictions, but instead asking you who was the driver.
If you ignore this letter, they will ticket you.
2006-12-08 07:29:05 · answer #10 · answered by retired military wife 5 · 1⤊ 0⤋