042bingo
042bingo wrote:
Hi my daughters car was cought doing 36mph in a 30mph zone she cant be sure who was driving and has to go to court on may 20th. can anyone give me some advice
I am not a lawyer and cannot advise you.
In my opinion it is always best to seek proper legal advice. Some legal help can be located at
http://www.pepipoo.com forums.
The Court will need to know that she has gone to the best effort possible to try and establish who may have been driving.
For example, was she at work at the time - can that be verified by her employer or any client that she may have been visiting.
Who else is insured to drive her car and how often do others drive it - can you prove and show these events, either by written statements or other evidence (perhaps others are listed as named drivers on her insurance).
Does she understand the process that the Court will go through - if not contact the Court Clerk some are very helpful.
You would be advised to ask for all the evidence that they have against her.
What device was used to prove the prosecution accusation?
If it is a 'camera van' you can obtain the whole video evidence and check all details such as operators certificates and equipment certificates. Then checking that the road signs are correct and that the road has the proper Road traffic Act speed limit Order. If that is incorrect then the road speed limit is 'broken' and therefore not valid in Law.
This may help to give you some idea of what you can consider.
If the Court feels that not enough effort or proof of others ability to drive, she may find that she will have a fine to pay but might not be awarded points but that is no guarantee.
You really need to talk this over with a good solicitor. If she doesn't have enough to obtain one, consult solicitors that offer assistance, and see what they recommend.
She needs to return the form - although with a Court case looming I image that this is too late now but check with the Court asap. Even returning it with a simple accompanying letter explaining can be sufficient to not fall foul of the S172 (not returning the form, signed.