Interesting article about contesting speeding tickets as violating a right to silence in criminal proceedings.
news.bbc.co.uk/hi/english/uk/newsid_1740000/174033...m
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"It is a very irresponsible action - motorists should be responsible to what they do on the roads. "
...but not what a car regstered to them does.
"If this is someone who has been recorded as breaking the speed limit, that is inexcusable. "
... He wasn't his car was.
An iteresting thought. There's no reason to have your car registered in your own name. If you regester it to someone under 10 they can't be criminally responsible and *can't* be forced to identify a driver to the Rozzers.
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I have no problem with a law so long as it is applied equally to all cases and not selectively.
So, if a right to silence is allowed on a murder charge then it should apply to all lesser offences.
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im afraid i would be quite happy to shoot that transport 2000 person for all the death and injury his misguided approach to safety leads to
sad isnt it
ah well, ill let democracy run its course for a little while longer (if we ever get any)
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1. Ask for the photo evidence
2. Ask for the calibration certificate for the device that got you
3. If it was a fixed camera does it meet siting guide lines?
4. Write delaying letters.
5. Say you have made your best efforts to identify the driver but that you can't.This worked for a very senior police officer in the North-East a few weeks ago.
6. If you do supply the name of the driver add the following text to your reply:-
"I am supplying this information under duress and under the threat of prosecution.
Use of this information in any subsequent court proceedings will infringe my right not to incriminate myself pursuant to Article 6 of the European Convention on Human Rights"
Last but not least, did the NIP arrive by registered post or recorded delivery within 14 days? if it was late it may be invalid and if it wasn't sent that way you didn't get it did you? (Wink)
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seems the ABD is organising a whip round for the estimated 20 k cost of appealing to european court
probably 20 k would be worth it to some people if it meant the difference between keeping your licence or not (although lots of people with money no object lifestyles are already driving on foreign licences - sad reflection on the mess here)
hope some people send in a contribution
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"Last but not least, did the NIP arrive by registered post or recorded delivery within 14 days?"
Sorry Pete.
The NIP has to be *sent* within 14 days. It doesn't have to arrive at any paticular time, in fact it doesn't have to arrive at all (so long as it was sent)...
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Dave, you are correct, it has to be dated within 14 days of the alleged offence but it must either be be signed for on delivery or returned by the Post Office as undeliverable, gone away, not known here etc. It it isn't sent recorded or registered it has not been 'delivered'. The police cut costs by sending them by oridinary post but this is not good enough, I believe. Further correcting comments are welcome, this is an important area in which I am interested but not an expert!
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They can send them anyway they choose, including carrier pigeon. However, the difficulty would come in when someone denied receiving it and they could not prove it had been delivered.
Hence the registered mail.
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