I have received a 'notice of intended prosecution' for allegedly doing 38 in a 30 zone. The car in question is owned by me but is used for business purposes (partnership structure ie not a company / llp etc. More of a sole trade operation), as such 2 people have access and use the car. As I was not certain who was driving the car at the time of the incident I asked to see the photographic evidence. The police have sent the phto that shows the back of the car (number place clear) but there is no way of identifiying the driver. It is more probable than not that I was the driver in this case, but this doesn't seem enough to me for the police to levy 3 points on my license ie based on me saying 'it was probably me driving, but I am not absolutely sure and the evidence you have provided to me does not help in identifying the driver'. Do the police not have the onus here to identify who was driving? I cannot for certain say it confirm it was me. Your thoughts greatly appreciated.
Province/Country relating to question : Gwent, Wales
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.I'm afraid they do not. The onus is upon you to identify the driver.I am sorry but you misunderstand the law. S172 imposes the duty upon you to investigate who was driving and name them. I do realise that some celebrities have had success with the argument they cannot say but that was a long time ago and the courts do not really tolerate it now. In fairness, we can all say with reasonable ease who was driving our own cars at any specific time. I do realise you won't know off hand but the law demands that you investigate the issue.There is a defence that you cannot say with reasonable diligence but the burden of proof is upon you and its not easilky accepted.The case of DPP v Jones does say that once you have named the potential drivers its for the police to investigate but that involved a fleet of cars not a residential car.I'm sorry but thats your position and i have a duty to advise you truthfully.I will happily give you free follow up information but please rate my answer OK SERVICE or above.
Bar Exams, over 5 years in practice
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