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Honest Gov!
Hi.

I have read other posts on here, and I am suspecting it is pretty hopeless, but will ask anyway in case anyone knows a solution.

I was recently convicted with failing to identify the driver. My wife and I were driving and I was photographed. I requested the photo but it didn't show anything. Eventually the matter went to court and I pleaded not guilty, but I didn't attend court (I know that was a bad idea, but I didn't know the process because I can't afford legal assistance). I was found guilty in my absence and given 6 points for failure to identify.

2 days before the trial I was sent police statements under section 9. The statements included a VIDEO of the car, something which I wasn't aware existed before and the police never told me existed when I requested photos. The video doesn't show the driver, but it did help me to identify the location of the incident. With the video I could have identified the driver (it was me)

Is there anything I can do, because this information was withheld until 2 days before the trial? "happy" to be held accountable for speeding, but the failure to identify is a killer.

Thanks
Tim
The Rookie
Nothing you can do....

The video you should have asked to see before the 28 days expired, 2 days before court was well after the offence was commited.

failing to go to court to present a defence meant no defence existed, so a guilty verdict was certain.

To consider appealing you have to consider whether you would stand a chance in court at the appeal, so did you ask the Police to clarify the location of the offence and why wasn't the NIP good enough for that? Sounds like you didn't really perform the reasonable diligence the law required to be honest.
CuriousOrange
Very like another thread here.

The NIP/S172 would have given the location of the incident. What more detail the video can show about the location to enable to you to ID the driver eludes me. If it's a question of direction then you should have asked for that regardless. If you're claiming that you swapped drivers at some point along the NIP location and the video narrows it down further then you should have explained the swap in your S172 response otherwise it just sounds too convenient now.

It sounds pretty hopeless. Your only chance is to have the whole thing heard again at Crown Court and turn up this time. If convicted then the costs will be a lot higher. If you want a rating of your chances then give here the full explanation of why you couldn't ID the driver at the time unless you had the video, and an account of the exact information you gave them before they summonsed you, and the forum will rate your chances.

Now you've been convicted of S172, exchanging it for the speeding is not going to happen.
AFCNEAL
As above - nothing was 'withheld' from the Court. The NIP would (usually) have told you the location and have been received proximal to the occurence. You don't need representation to plead at a Court.............
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