I was wrongfully named as the driver for a speeding offence - what do I do?
I drive a van owned by a company which back in June was caught speeding. I'm not the only member of staff who uses this van but the NIP was sent to the registered keeper who then nominated myself as the driver. I then received the NIP one month after the dated offence, by which time I could not remember who was driving. I responded to the police and asked for photos to help identify who was driving, however these photos weren't very clear. I also contacted the registered keeper for documents such as driving logs to establish who used the van on that day but he never sent them. As a result I went to court, plead not guilty, gave my defence and was found guilty for failure to identify the driver because my efforts were not enough as I didn't name the possible other members of staff/drivers. I now wish to make an appeal but want to know if my defence will uphold in court as it failed previously.
Asked on 14 February 2017 by The accused.
Answered by
Honest John
I'm not a solicitor and cannot give you legal advice but I think you have a case. The grounds are that your employer nominated you as the driver at the date and time of the offence, but cannot provide documented proof that you were the driver at the date and time of the offence. If there is any chance that you could have been, then you better plead guilty straight away because the penalty for 'perverting the course of justice' is a virtually automatic 6 month prison sentence. However, if there is absolutely no chance that you were the driver at the time and date of the offence, and can prove it, then you need to get legal representation and it will be your employer who goes to prison for perverting the course of justice rather than you.
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