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Re: English Law
It's not the same as being an independant witness to a crime. If it's your car it's your responsibility and who you lend it to is your responsibility just as it would be if you owned a rifle or something and lent it to somebody to do a spot of rabbit shooting and they used it to hold up a bank. Yep,pretty scary to have to face up to the fact that the person you lent it to broke the law but maybe it would make you think twice about lending things or at least who you lend them to.
I've got a personal axe to grind about drivers who claim "it wasn't me" because several years ago as my late husband and a friend were going down Oxford St and across to ASDA a speeding loony came careering along Hyndburn Rd and smashed into our car. Our friend got the registration number as it sped off and they reported it to the police. Both hubby and friend and several witnesses said they saw a man driving the car. When the police traced the car and got to the house the owner was on the wrong side of several cans of lager and a bottle of vodka. He swore he'd never been out in the car and his wife said she'd been driving. Despite the fact that everyone saw a man! Of course she was sober and he was drunk so it was easier for he to claim that she panicked and was full of remorse than for him to admit he'd been driving whilst severl times over the limit. No way to prove anything of course so he got away with drink driving and probably went on to do it again. :mad: |
Re: English Law
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Re: English Law
The problem with your argument Jambutty is that in this instance you are not reporting a crime. You are establishing your guilt or innocence - the crime has already been reported by the camera.
You can either accept that you are guilty (i.e. by taking the rap whether it was you who were speeding or not) or prove that you are innocent by stating who is guilty. |
Re: English Law
You’ve got it on one Gayle. The crime may have been reported but not the criminal who perpetrated the crime. Forcing a person to give evidence is unfair and wrong.
In any case in English Law I do not have to establish my innocence, it is up to the prosecution to establish my guilt. That law has been around for over 300 years. |
Re: English Law
I think I will get someone to dresss up as a Pantomime horse with me to hold up a bank.
They maybe able to charge the horse with the crime, if we are caught, but we'll be fine as they won't be able to prove who was at the front of the horse holding the gun, and who was the horses arse.:D |
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Re: English Law
jambutty, you stated
There is nothing in English Law that states you MUST report a crime and MUST give evidence against the criminal if you witness a crime and subsequently you cannot be fined or imprisoned for not doing so. But there are laws in place such as "witholding information" and "failing to report a crime" that , if the Police or CPS decided to charge the owner of the vehicle would stand up in court, if you feel that motorists are being discriminated , that may be the case but these laws exist. What about a scenario where an employee is driving a company pool car and an accident occurs and the driver simply drives away, if the Police make enquires and the employer refuses to name the person driving that vehicle, I would imagine they would come down on them pretty hard. I do understand the pressure the car owner is under when its a friend or family member involved and I would just take it on the chin myself.. but to say its a special law just aimed at motorists in not the case. |
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Re: English Law
The person who was driving the car deserved to be shopped to the cops because they show you no respect in the first place by speeding whilst driving your car.
If that fails then you take the rap and make sure you get your money back and let them know they are now your number 1 taxi firm!! |
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I had to actually go and look at Busman's to see it not being there because I had almost convinced myself that there was one like that Neil. |
Re: English Law
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Before a charge of withholding information can be made to stick Mancie the prosecution have to prove beyond all reasonable doubt that you have that information to withhold. The same applies to failing to report a crime. Now unless a cop or anyone else saw you witnessing a crime there is no case to answer. Suspecting that you have information that may aid a prosecution is not enough. But then if a cop or others saw the crime being committed why would they want you?
However the motoring laws on this issue were changed some time back in an attempt to close a loophole with regard to motorists being flashed by speed cameras. So that law was changed just for motorists. Quote:
I’m not too sure if this is enshrined in the law but the consensus seems to be that a camera will not flash unless the car is travelling at 10% plus 2 mph above the limit. This is to avoid costly arguments in court about the accuracy of speedometers in vehicles. Even brand new cars can have a speedo that isn’t as accurate as could be expected. The thickness of the needle and the marking on the meter plus parallax error can make a reading by the driver inaccurate. Thus in a 30 mph zone you will not get flashed until you exceed 35 mph. 46 mph in a 40 mph zone up to 79mph in a 70 mph zone. However I wouldn’t rely on that premise. |
Re: English Law
But what about the mudguard itself then? That could come into contact with soft tissue and cause damage. Surey they can make a less damaging sort of number plate? Squishy plastic?
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Re: English Law
Yes there might be damage to a body or more likely a head hitting the mudguard WillowTheWisp but the mudguard, although made from steel, didn’t have any sharpish edges on it that could come into contact with soft tissue.
Number plates were made from steel plate and an impact along its edge was almost as good as hacking someone with a blunt knife. Squishy plastic front number plates? It’s a thought I suppose but a front number plate would have to have some sort of rigidity in it and a rigid edge is the dangerous bit. |
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