where do I stand Police content?

[orange71]

I was listening to the radio the other day and there was a driver on there who has got off 4 times because he made the police prove it was he who was driving the car - and since they couldn't, they dropped the case.

I think i am right in saying that it is up to them to prove who was driving and if this cannot be proved then there is no case to answer.

I think Grannygrinder may be correct on this.

Good luck.

 

[Grannygrinder]

I think so

i think i'm right, obviously if it can be put in the hands of a solicitor then brilliant. But i'm sure I heard somewhere that you are innocent until PROVEN guilty

 

[LeeDevelopment]

It comes down to the responsibility, which in this case is your father. A judge has now closed the loop-hole that has been used by many a traffic solicitor to get people off from being charged in court (i.e. footballers etc).

However in this case there is no responsibilty, well certainly not to my eyes anyway as your father has sadly passed away. I would advise you to speak to the people executing your father's will.

If the police decide to go ahead and this case is put before the CPS, they will need ID of the driver, because it certainly won't be your father. If it's just the back of the car then really they can't do much.

 

[losidan]

as with everyone else....sorry to hear about your dad.

wasnt there a case won a few years ago whereby a driver said he wasnt the driver of the car pictured speeding and since the police could not prove he was the driver they could not pin the conviction on him?

 

[LeeDevelopment]

wasnt there a case won a few years ago whereby a driver said he wasnt the driver of the car pictured speeding and since the police could not prove he was the driver they could not pin the conviction on him?

Yes however a recent case has seen a judge close that loop hole, it won't work anymore.

 

[ededwards]

Sounds like there are some very good suggestions already, particularly about the courteous but firm and factual letter, but not sure if the following is of use?

http://www.which.co.uk/advice/dealing-w ... /index.jsp

http://www.speedcamerasinfo.co.uk/11.html

plus might be worth getting some advice from the Citizen's Advice Bureau?

 

[perry]

i think leedevelopment is in the business of law ?

 

[Russell]

David, a good friend of mine is a traffic cop, I'll send him your problem and get him to let me know what the law actually says. At least then you'll know what you're up against. Might take a day or two to get back to me though.

 

[daj]

David, a good friend of mine is a traffic cop, I'll send him your problem and get him to let me know what the law actually says. At least then you'll know what you're up against. Might take a day or two to get back to me though.

Russ, that would be great, I look forward to the responce.

 

[LeeDevelopment]

i think leedevelopment is in the business of law ?

Yup legal caseworker, but can't really comment as I don't have the qualifications of a lawyer.