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Failing to name the driver
Apr 19, 2010
My car wasn't in that place at that time.
I provided my info in reply to an initial charge along with a letter detailing why it could not have been me at the time shown on the photo. I did pass the point of the alleged offence over 2 hours later but the CPS insist that if I claim it was not me then I did NOT provide info and must therefore plead guilty.
This in my opinion would be perjury?
I have to attend a hearing at 11.00 am Wed 21-4-2010 in order to plead. how would you advise me.
I signed an oath at the Probate Registry in Liverpool which was timed and therefore could support my claim
This in my opinion would be perjury?
I have to attend a hearing at 11.00 am Wed 21-4-2010 in order to plead. how would you advise me.
I signed an oath at the Probate Registry in Liverpool which was timed and therefore could support my claim
Category: Failing to name the driver
Posted by: patterson
No you don't need to plead guilty. If you are arguing that it wasn't your car in that place at the time of the alleged offence then the burden falls back on the cps to prove beyond reasonable doubt that it was. They is good case law to support this point. If the cps can prove it was your car in that place at that time then you have a defence if you can show that you have used reasonable diligence to figure out who was driving at the time or if you can show that it wasn't reasonable practicable to supply the information.