I hope I am not repeating something that has already been discussed. If so, please forgive me.
Yesterday on the news a chap (in the UK) caught on a speed camera refused to say who was driving and has now taken his case the the European Court of 'Justice'.
He says, and rightly so, that for centuries it has been up to the crown to prove the crime without reasonable doubt. It is not for him to own up to it. And the old police caution warned people of this.
I thought the law as it stands, punishes the Keeper of the vehicle if no driver can be traced.
What do people reckon? Sorry if you have thrashed this one to bits already.
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A belated adendum, his case is expected to take three years to hear - slow talkers these foreign johnnies.
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look at thread titled
Speed Cameras and a right to silence
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There has been a lot of debate about this, but has any user of The Back Room sucessfully contested a case? If so, on what grounds?
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Lekas,
Whilst not exactly contesting the case in a court, I rec'd a Notice of Intent to Prosecute(NIP) for a speed camera offence.
As it happened I knew myself and car were hundreds of miles away at time of offence. I filled out the mandatory form and put "not known" for driver and did not reveal my alibi. They wrote back dropping the prosecution with no explation.
It turned out much later that my VRN had been cloned and used on an identical car - but this wasn't known at the time.
My contention is that it is just too much trouble for the police to pursue a contested case. However if you challenge them on a point of principle I suspect that will be a different matter.
There was the celebrated case of senior police officer in Yorkshire? who had his case dropped when he stated he didn't know who was driving.
Bob H
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