Legal advice / best guess ?!

Emp_Fab

Ah... but I didn't know I'd been 'caught' until a fortnight later.  I'd have had to then explain to my employers how I managed to attend all the jobs over the previous two weeks in a burnt-out car, and the police would want to know why it took me that long to report it stolen.

You're not thinking this through logically are you ?

I can't do anything about the existing tickets, but... in future... I should just take the number plates off.  The fine for having no plates is lower than speeding and you don't get points.  Or put fake ones on.  I'd have to wear a mask at all times though, just in case.

octatonic

Or slow the fuck down.

bertie

guys, just remind me,  this is a speeding ticket we're discussing here isnt it ?  Not attempted murder or terrorist offences ?

Myranda

Well, he was speeding away from the man he'd half killed with sticks, after blowing up the houses of parliament - does that count?

fretmeister

Driving offencs are "strict liability" which means there is no need to prove "intent" as would be necessary with other crimes.

They have proved the car was speeding. They are allowed to assume that either the keeper / primary user was either driving or would know who was driving.

The "so many of us have access to the car so we don't know" defence was finally binned after repeated speeding in a Man United pool car available for all employees. They just used to send a list of 300 employees and knock off the ones off sick, on holiday, or out elsewhere not using a company car.

Basically the law requires the person primarily responsible for a dangerous tonne of moving metal to know who was driving it and when.

Seems entirely reasonable to me.

ICBM

Emp_Fab said:

ICBM said:

No, read it again - if you take the points when you already have more, you have a good defence against being accused of lying to benefit yourself if you are later proved to have 'remembered incorrectly'.

Eh ?  If I take the points how can I be then accused of lying to benefit myself ?  What benefit is there to me taking the points ?

!!!! Read it again !!!!

If you take the points when you already have more, then you CAN'T be accused of lying to benefit yourself.

This would especially apply if you were going to lose your licence as a result, although that isn't the case here.

If there is no benefit to anyone either way, the default position is that it's your car so you are responsible - it requires a deliberate change to make someone else responsible, and that's when they start asking questions, so don't. Just take the points even if you're only 51/49% sure it was you.

By the way, was this a fixed speed camera or a mobile one? If it was a fixed one you should both know where it is if it's close to your house. If it was a mobile one they're fairly easy to spot.

Why not drive a bit slower? You seem to have a history of this! I used to drive too fast too, got caught once, and was a lot more careful after that. 41 is really a lot more than 30, it's not like you could have just drifted up to it without noticing, especially as there's a big LCD on the dashboard that starts with 4 not 3, if your car is anything modern without analogue dials.

[/lecture]

(For what it's worth I still speed at night if there's no-one around and no chance of being caught, I'm not trying to moralise here.)

Drew_TNBD

Emp_Fab;44600" said:

I'm sick of you taking the trouble to read a thread and then bitching about how sick you are of reading 'these' threads.  Here's a suggestion.... if you don't like reading threads about my driving, how about this....  next time you see a thread that's about my driving - don't read it !  That way you don't get all sick.

How about you put it in the title then instead of just some bullshit "HELP ME FRETMEISTER! I NEED YOUR FREE LEGAL ADVICE!!!!!!!!!!!!!!!!! OMGOMGOMGOMGOMGOMG!!!!"

fretmeister

Taking the points to benefit someone else is also an offence called Perverting the Course of Justice.

You might get Chis Huhne's old cell.

Drew_TNBD

fretmeister said:

You might get Chis Huhne's old cell.

Or his old missus!!

Emp_Fab

Is it me ?  Does anyone else understand ICBM's comment, or have my brain cells finally packed in ? :-)

You said.."if you take the points when you already have more, you have a good defence against being accused of lying to benefit yourself if you are later proved to have 'remembered incorrectly".

Right - so taking that in its logical sequence.  I take the points.  Then I am ....  whoaaaa  I think I've got it.  When you say "you have a good defence against" you actually mean "you cannot be".  You're saying that if I lied and said it was Mrs Fab, and they then discovered it was me, I could be accused of lying to benefit myself, whereas if I say it was me and they subsequently discover it was Mrs Fab then they can't really accuse me of lying because I stood to gain nothing from doing so.

Time for this methinks !.....

http://www.youtube.com/watch?v=5ZnQQF7ucdM

Emp_Fab

fretmeister said:

Taking the points to benefit someone else is also an offence called Perverting the Course of Justice.

You might get Chis Huhne's old cell.

So what about someone taking the points because you tossed a coin between you as to who might be guilty ?

What is that to the 'course of justice' ?

bertie

Emp_Fab said:

Is it me ?  Does anyone else understand ICBM's comment, 

yes,   basically  if you now, already have more points then mrs emp, but you still put your hand up for the offence,  then it is obvious you're not "taking the hit"  for personal bennefit

Myranda

Emp_Fab said:

Is it me ?  Does anyone else understand ICBM's comment, or have my brain cells finally packed in ? :-)

You said.."if you take the points when you already have more, you have a good defence against being accused of lying to benefit yourself if you are later proved to have 'remembered incorrectly".

Right - so taking that in its logical sequence.  I take the points.  Then I am ....  whoaaaa  I think I've got it.  When you say "you have a good defence against" you actually mean "you cannot be".  You're saying that if I lied and said it was Mrs Fab, and they then discovered it was me, I could be accused of lying to benefit myself, whereas if I say it was me and they subsequently discover it was Mrs Fab then they can't really accuse me of lying because I stood to gain nothing from doing so.

Time for this methinks !.....

http://www.youtube.com/watch?v=5ZnQQF7ucdM

It's just you I'm afraid.

IF you gave the points to your wife so that you didn't get the points, but the fuzz thought you were driving there could be some implication that you asked her to take the fall for you.

If you take the points you can't be accused of doing this (though she could I guess). 

Shifting points from one side to another is naughty.

Then slow down. I'm young ish and ride a motorbike and as such am frequently accused of disregarding all laws of the road all the time, but have a completely clean points free license, you're a middle *cough*and a bit *uncough* aged man with a dodgy heart, the least you can do is drive within the speedlimit

bertie

ask if you can have 1 1/2 points each ?

Emp_Fab

Myranda said:

Then slow down. I'm young ish and ride a motorbike and as such am frequently accused of disregarding all laws of the road all the time, but have a completely clean points free license, you're a middle *cough*and a bit *uncough* aged man with a dodgy heart, the least you can do is drive within the speedlimit

NOOOOOOOOOOOOOOOOOOOOOOOOOOOO !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

http://media.giphy.com/media/149cb9nPGHv7BS/200.gif

Emp_Fab

Also this gif for no other reason than it made me laugh :-)

http://media.giphy.com/media/J0ni7zkZbvQLS/200.gif

octatonic

Myranda said:

 I'm young ish and ride a motorbike and as such am frequently accused of disregarding all laws of the road all the time, but have a completely clean points free license, you're a middle *cough*and a bit *uncough* aged man with a dodgy heart, the least you can do is drive within the speedlimit

Using this logic though it means he has less time left so actually he should be in a bit of a hurry.

Sporky

But old people perceive time passing faster, which is why children find them so boring.

Chuffola

Hang on, m'lud.

The defendant states that he's "a little OCD", but also that he is "lax with paperwork"...

Take the points, fer gawd's sake! Man up!

Paul_C

OCD = On Cough Drops, hence the problem with short-term memory.