Speeding - presumed guilty until proven innocent

[light186282]

I have just received a summons to attend court in respect to 92mph in a 70mph. This is the first I have heard of the offence which apparently happened in April this year (more than 6 months ago).

I don't know if I was driving the car or not � genuinely � and have not recived any evidence.

Why is the law different with Speeding. I always thought that you were innocent until proven guilty in this country, but with motoring it seems that just because you are the registered owner you have the responsibility for the crime !

What would happen if my car was used as a get away car in a bank robbery ? would I also be at fault.

Any advice on the speeding issue ?

Thanks

[factor-fiction]

Chances are, if your car had been stolen and used in a robbery, this fact would have been reported to police at the time. You didn't so it's fair to assume you were responsible for the vehicle. How many people do you lend your car to? I think it should be up to you to prove it wasn't you and say who it was. Otherwise we could all avoid speeding fines from speed cameras by wearing a mask when we drive!

[jno]

you haven't been found guilty yet. Ask them for the evidence.

[New Judge]

You should have been served with a Notice of Intended Prosecution (NIP) which should have been posted so as to arrive within 14 days of the alleged offence. Along with the NIP would be a request to name the driver at the time of he alleged offence.

If you did not receive any such documents you have a good case to have the matter dismissed.

If the matter has gone to summons you should answer the summons and argue the timing matter in court.

[New Judge]

A further thought occurred this morning. Are you sure you have been summonsed for speeding and not for failing to provide details of the driver?

As things stand at the moment the prosecutors do not know the identity of the person driving at the time of the alleged offence. They cannot summons you for speeding as they are not sure that you were driving.

The usual drill is for a NIP to be sent to the registered keeper within 14 days asking him to provide details of the driver. The registered keeper has 28 days to respond. If he does not do so he is summonsed under Section 172 of the Road Traffic Act for failing to supply the necessary details. The speeding matter is then discontinued. The prosecution has 6 months from the expiry of the 28 day period to launch these proceedings under S172, so this could be up to seven and a half months after the alleged offence.

If you genuinely did not receive the NIP and accompanying request for the driver�s details you will have to go to court and say so. You may be asked to make a �Statutory Declaration� (which is a statement given under oath in court) to this effect.

It might be an idea to check your paperwork.