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Carl Millar recently represented Mrs M at Blackburn Magistrates Court, Lancashire with regards to an allegation of failing to furnish information in accordance with s.172 of the Road Traffic Act 1988.
Mrs M received a Notice of Intended Prosecution with regards to an allegation of speeding. She was unsure who was driving the vehicle and named both herself and her husband as possible drivers of the vehicle at the time of the speeding offence. She also requested further information from the Central Ticket Office to try and establish who may have been driving the vehicle, and photographic evidence was provided but this did not assist her. She made further enquiries with her mother-in-law and daughter as they were involved in the journey in part, but again this did not assist in identifying the driver.
The defence asserted by Mrs M was that she had acted with all reasonable diligence in trying to ascertain who was driving the vehicle at the time of the alleged offence. It was our view that she had taken all reasonable steps. Once this defence is raised, it is for the defence to show on the balance of probabilities that all reasonable steps have been taken.
The Magistrates were satisfied that Mrs M had adopted all reasonable steps and she was therefore acquitted. A defendants’ costs order was granted which means she is entitled to apply for reimbursement of her fees. Mrs M was obviously delighted with the outcome.