Failing to name the driver, quotes image
Failing to name the driver, side images
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Failing to name the driver

Sep 16, 2010

Doctrine against self incrimination


Alleged Offence: Exceeding a recently lowered speed limit
Your road traffic offence question: Is one legally bound to provide the name of a driver when served a Notice of Intended Prosecution for, say, exceeding the speed limit and photographed by a Gatso? This sounds like one has to incriminate oneself.
Category: Failing to name the driver
Posted by: patterson
Yes you are. Im afraid the argument that this contravenes the doctrines against self incrimination is a dead duck. The police are allowed to ask you to name the driver and you have to provide a name if you know who was driving at the time.
Tell me what's actually happened and I maybe able to help further.