Not In That Place At That Time

Question:

I was not at the place in question at the time stated. I have been sent a photo which appears to be my car, but it appears to be dark. Are all photos dark?

Whilst I cannot categorically prove my location, my son was admitted to hospital on the x. I txt my husband at 7.44pm to advise we had to go to hospital whilst at the emergency doctors. I phoned my husband when I got there and had parked and was walking to the unit at 8.36pm yet I was clocked at 8.52p.m. In total darkness it appears despite the fact I had been at the hospital for some 15-20 mins. The hospital car park ticket was “eaten” when I left so I can’t prove the time I arrived beyond doubt.

The cost of asking them to review CCTV is prohibitive. My son was an emergency referral to the surgeons, but in the end did not have an operation and was discharged on the x. I have a copy of the discharge but it doesn’t specify time of arrival.

I know for a fact it was daylight when I arrived and my mobile phone bills support my contentions regarding the times.

I have been advised to state my case and hope they are sympathetic – I would hasten to add in 31 years of driving I have never even had as much as a parking ticket! I have the evidence to support what I say but it will not support my location.

Should I fight or just throw myself at their mercy – to me this was a medical emergency – I was clocked doing 38 in a 30mph zone – a dual carriageway at the end of a 40 mph single stretch of road. I just wasn’t there at the time but possibly was an hour earlier. I do not deny I did travel down that road – just not at the time stated – I also do not recall speeding given the circumstances. As my son was being violently sick and was in pain the last thing I would have done was speed to risk further problems.

What do you think I should do? I do not want to incur any further expenses and can ill afford either the 3 points and fine plus the cost of a new licence – mine is paper or the £74 driver awareness course offered as an alternative – although I intend to state that I would be willing to attend this.

I would appreciate your thoughts.

Dominic Says:

Photos differ considerably some are dark, some are light.

You will have to cast a doubt on the evidence to be able to defend this matter and no amount of sympathy from the court will change that burden.

If you were on your way to the hospital you may have a special reasons argument to avoid the points on the basis that it was an emergency. If you were on your way home (allegedly) then you won’t be able to raise this argument I’m afraid.

If money is an issue you will run the risk of much higher fines etc. at court and you should try and take the course if it is on offer.



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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