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NIP and chances of driver awareness course


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Just got a NIP in the post recently, 39 in a 30 zone.

 

What's the likelihood of of avoiding 3 pts and being offered the speed awareness course?

 

I'm clean, no points ever, in 30 years driving history. It was from Thames Valley Police in case that has a bearing.

 

Lastly, I'm not sure if it was me or the missus at that time? We share a car and i'm 70% it was me but can't be 100% sure.

 

Under the circumstances, I'm going to supply my details and take the punishment. Anything wrong with this approach?

 

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Courses are almost always offered for speeds up to (Limit + 10% + 9mph) - so up to 42mph ina 30mph limit. The other conditions are (1) the offence must have been committed in England or Wales (courses are not offered in Scotland) and (2) the driver must not have taken a course for an offence committed in the three years prior to the date of the latest offence. There is also a slight complication with offences committed in Dorset which need not concern us here.

 

Your approach to naming yourself as driver is the most pragmatic. Whilst it is an offence to name somebody who you know was definitely not driving it is not an offence to name the person most likely to have been driving. The alternative is to try to take advantage of the statutory defence to the S172 offence. That says that a person is not guilty of failing to name the driver if he did not know who was driving and could not, having exercised reasonable diligence, find out who was. It is a high hurdle to clear and the cost of failure is high - six points, a hefty fine and costs and an endorsement code (MS90) which will see your premiums increased considerably for up to five years.

 

You can ask for any photographs "to assist in identifying the driver". There is no obligation to provide them but most forces will (usually by directing you to a website). They are usually of little value (the photos are to identify the vehicle and the offence, not the driver). Remember that if you do this, the clock measuring the 28 days you have to respond to the S172 request does not stop.

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Thanks for the feedback.

 

Good to hear the awareness course is a likely possibility.

 

I should say my wife is the registered owner of the vehicle and the letter was addressed to her. I'm the most likely person to have drive the car at the time the offence was committed.

 

I was going to ask for photo evidence - is this likely to reveal the driver or are they not that clear?

 

If not, I'll ask the missus to put my name down and hopefully I'll get offered the awareness course.

 

Thanks for the heads-up on the 28-day limit.

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I was going to ask for photo evidence - is this likely to reveal the driver or are they not that clear?

 

Don't ask for "evidence". It's not usually a problem but some forces have been known to take this that you are disputing the matter and go straight to court action. Simply ask for photos to help identify the driver (but don't neglect the 28 day clock or you could turn an awareness course into six points). In your case it's a good idea to ask for them.They are often inconclusive (especially those taken from the rear) but they may be good enough to determine the gender of the driver. However, in the unlikely event that they are good enough and your wife nominates the wrong person the police will simply ask your wife to "reconsider" her nomination. They will not go directly to "perverting the course of justice" (a la Chris Huhne/Vicky Price). Make sure that your wife makes an unequivocal nomination. She should not say anything that leaves her nomination open to any doubt. For example, she should not say "It was probably Mr Scoobydoo" or "I think it was Mr Scoobydoo but cannot be 100% sure).

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