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AppleJoe
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PostPosted: 14:58 - 05 May 2008    Post subject: Speed Camera Reply with quote

Just a quick question:
If you get done by a speed camera, why can you not just say it wasn't you riding it? In other words it got nicked, someone went for a hoon, got flashed, then you found it later that day (or something like that).

Or is the burden of proof on you, to prove you weren't riding it (which would be hard).

Cheers
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Kal
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PostPosted: 15:00 - 05 May 2008    Post subject: Reply with quote

Burden of proof is on you.

Have heard of people who's car have been ringed getting done despite being at the other end of the country at the time of the offence.

The speeding laws are shit.

In the case you just mentioned then you would have had to report it to the Police prior to the speeding offence being committed for it to serve as a defence.
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Last edited by Kal on 15:04 - 05 May 2008; edited 1 time in total
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Wafer_Thin_Ham
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PostPosted: 15:02 - 05 May 2008    Post subject: Reply with quote

They can also fine you and put you inside for trying to pervert the course of justice. If it wasn't you and you can't/won't say who it is they can also fine you.
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AppleJoe
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PostPosted: 15:04 - 05 May 2008    Post subject: Reply with quote

Oh well, just a thought Smile . Thanks for the replies Thumbs Up
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Kal
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PostPosted: 15:14 - 05 May 2008    Post subject: Reply with quote

BLUEX5 wrote:
Especially with the bastardising of the laws last year, basically you do not have the right to remain silent, i.e. you are expected to know who was operating the vehicle at the time. I'd suggest simply claiming to not remember wouldn't be much of a defence these days. Sucks I know but that's how it is.


Was just chatting with a cab driver about this today. When I have a class B entitlement then me and the misses will both be insured on her car. If we both drive on a given day and one of us gets a ticket we aren't going to hear about it for two weeks.

Essentially one of us will have to admit to an SP30 to avoid my misses picking up 6 points for not knowing who was driving.

When I went to school I was taught that is extortion.

The Nuttall Encyclopedia wrote:
the practice of extorting money or other property, especially by a public official, or by the use of threats


Webster's Unabridged Dictionary (1913) wrote:

Ex*tor"tion (?), n. [F. extorsion.] 1. The act of extorting; the act or practice of wresting anything from a person by force, by threats, or by any undue exercise of power; undue exaction; overcharge.

2. (Law) The offense committed by an officer who corruptly claims and takes, as his fee, money, or other thing of value, that is not due, or more than is due, or before it is due. Abbott.

3. That which is extorted or exacted by force.

Syn. -- Oppression; rapacity; exaction; overcharge.

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iooi
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PostPosted: 15:15 - 05 May 2008    Post subject: Reply with quote

BLUEX5 wrote:
i.e. you are expected to know who was operating the vehicle at the time. I'd suggest simply claiming to not remember wouldn't be much of a defence these days. Sucks I know but that's how it is.


Well considering it belongs to you its only fair you should know who is riding it.
Other wise how can you say if its been nicked or not.
Lets face it i'm sure you would not be best pleased if your wife/girfriend was out being ridden by someone else... Laughing

Personally if the owner can't say who was in control at that point, then they should take the points/fine hit.
Its only fair, lets face it you broke the law... How life sucks, but thats the way it goes.

Quote:
In other words it got nicked, someone went for a hoon, got flashed, then you found it later that day (or something like that).


If you didn't report the crime it never happened......
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Kal
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PostPosted: 15:20 - 05 May 2008    Post subject: Reply with quote

iooi do you keep a logbook of with the times of who was driving/riding your vehicles every day?

If not how can you say with any certainty after a couple of weeks, who was in control of a vehicle at any given point?
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.Chris.
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PostPosted: 16:01 - 05 May 2008    Post subject: Reply with quote

I'd have thought the cops are pretty wise to vehicles mysteriously being reported stolen shortly after being flashed. As Big_Ham says, they will absolutely nail you if you get caught doing this.

Same goes for point swapping - if it's between husband and wife or whatever then it's unlikely to be noticed (and is much easier just to claim it was a genuine mistake), whereas if it's suspicious they sometimes check insurance records, etc, to see if it fits. I remember something in the news about this guy who was jailed for trying to claim his 90-odd year old granny was driving his BMW at high speed on a motorway at 3am.

I wonder what the punishment is for refusing to name the driver or claiming you can't remember? If it's 3 points and £60 then it could be advantageous if the speed you're accused of is very high.

An absolutely shameful law and situation imo.
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Kal
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PostPosted: 16:09 - 05 May 2008    Post subject: Reply with quote

Endorsements wrote:
MS90 - Failure to give information as to identity of driver etc - 6 points

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Kal...
I Like To Hoon It Hoon It I Like To Hoon It Hoon It I Like To Hoon It Hoon It Ya Like To (HOON IT!).

1984 GB250 Clubman,1983 CB250N Superdream, 1999 GPZ500S
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