I have commited a driving offence a few weeks ago and the police have sent me the letter to ask who the driver was. However they have put the wrong date and time on the form. Do i do the honest thing and write back with admittance to the offence and correct them on the date or just send it back saying i wasn't the driver on that date and time? If i do send it back saying i wasn't the driver what will happen? It was not my vehicle but i was driving with permission from the owner and he has already had the initial form and named me as the driver but the original form had the correct date and times on.
2007-11-09 11:29:26 · 14 answers · asked by hungry1 1 in Politics & Government ➔ Law Enforcement & Police
You commited the offence so be honest and own up perhaps they may be more lenient with you because of your honesty. You dont want this to drag on and then the truth found out and also be called a liar and further involve the owner of the car.
2007-11-09 11:34:59 · answer #1 · answered by Anonymous · 1⤊ 0⤋
OK, Too much opinion not enough fact.
First of all what was the offence? I am going to assume it was a minor road traffic offence i.e. 35mph in a 30mph limit or running a red light without any collision being involved.
If the above does not apply to you or you are not in england or wales ingnore this reply.
If it does relate to you then here goes.
Your friend (as the vehicles registred keeper) is legally required to inform the police as to the identity of the driver when required to do so for the stated date and time. He / She has done this and has been honest.
Your details have been provided and you have been contacted. If the date / time is incorrect and you were not the driver at the stated incorrect details then you can honestly reply it was not you.
The police will then look into the matter further and may well come back to you later stating they have (from your friend) a signed statement to the effect that you were the driver / user at the time.
All of this takes time and the police only have 14 days to provide you with 'notice of intended prosecution' (NIP) for minor offences after your identity has been established.
For example.
Offence occures on the 1st November 2007.
Your friend gets the first letter on the 5th November 2007.
Your friend returns the letter on the 8th November naming you as the 'offender' and providing your contact details.
You get the letter with the wrong date / time on it on the 12th November 2007.
14th November 2007 you return the letter saying it wasnt you.
After some messing around the police come back to you on the 27th November 2007 stating they believe it was you or informing you of intended prosecution.
This case would fail. The police were informed of your identity on the 8th November 2007 and took longer than 14 days to provide you with NIP.
I would say that the original letter even if it included a NIP would not be of use to them as they have technically informed you that they intend to prosecute you for an offence which you did not commit as they have stated the wrong date / time in the letter.
Whilst honesty is the best policy you are lucky enough to be both honest and walk away without a dent on your licence in this case!
2007-11-12 09:38:52 · answer #2 · answered by ed209 3 · 0⤊ 0⤋
If the police have made a mistake, then you simply have to truthfully reply that you were not the driver on that time and date. However, since the registered keeper appears to have named you on the original request ( which bore the correct details ), there will probably be an investigation into the matter. You don't say what the offence was? The severity of the offence could well have a bearing on this ..... .i.e. speeding well in excess of the limit etc. Personally, I would just state that you were not driving at the stated time and date, which is true if what you say is correct. If the police correct themselves, then you can identify yourself at that time. You are merely responding to the stated facts. And you clearly are aware of what you did, so perhaps in the end, you simply ought to put your hands up to relieve the registered keeper of grief.
2007-11-09 11:38:20 · answer #3 · answered by Anonymous · 0⤊ 1⤋
You will in most cases be able to get this thrown out on a technicality as the prosecution's paper chain MUST all tally up. Opt to go to court instead of taking a fixed penalty and once there it will be dismissed. Never admit to driving at a different time and commiting the offence as this will only cloud the fact that someone has made a ricket!
2007-11-09 11:48:39 · answer #4 · answered by graham h 2 · 0⤊ 1⤋
If you argue about the dates, they will send the forms back to the vehicle owner and ask who WAS driving on those dates, and then the vehicle owner will justifiably take you warmly by the collar and draw your attention to the error of your ways.
Pay up, and next time you borrow someone else's vehicle, treat it with more respect.
2007-11-09 11:48:32 · answer #5 · answered by reardwen 5 · 1⤊ 0⤋
You can try to get away with it but it depends where you live in the UK. some areas in the UK use photographic evidence including close ups of the driver of the car- if the driver can not be clearly identified. I would say If your fine is taken to court you would be in **** creek... but you can inform the police that the person driving the was not you but a friend from the US, giving a name and address where you could get away with it as the police do not chase fines in the us due to un reasonable costs and lack of power of enforcement. Honesty is normally the best.... thou
2007-11-09 12:06:37 · answer #6 · answered by matthew b 1 · 0⤊ 1⤋
Don't try to be clever, it'll come back and bite you. Tell them, correctly, that you weren't the driver on the date and time they mention on the form, but admit that you were on the occasion of the offence. Then it'll be done and dusted.
2007-11-09 21:36:48 · answer #7 · answered by champer 7 · 0⤊ 0⤋
You have the right to remain silent. Anything you say can and will be used against you in a court of law. I am not joking here. You, personally, do not have to say or write anything. It is not a crime, it is a right.
If you got a ticket, you sign it and under where you sign it, it says you are not admitting anything. Here, can they even i.d. you? Don't lie, but you don't have to admit anything either. They can send you ticket, but what happened to the one you signed? Your choice. If it has the wrong date and time, and you are sure as to that, you could write back and say you were not driving, but, if it says on or about, then do not do that. Personally, you should avoid it all together.
2007-11-09 11:50:47 · answer #8 · answered by Songbyrd JPA ✡ 7 · 0⤊ 2⤋
You might have to confess on this but tell them the time and date is wrong. It won't be that hard to work it out if you have already been named. .
2007-11-09 11:38:54 · answer #9 · answered by Mitch Connor 5 · 0⤊ 0⤋
Just be honest with them, thats the only way forward. Query the date and time with them though.
2007-11-09 12:16:14 · answer #10 · answered by Anonymous · 1⤊ 0⤋