Yorke cleared of speeding
07-31-2003, 04:07 AM
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08-01-2003, 01:59 AM
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I've been reading a bit more about this case. It's not quite the panacea for avoiding liability for speeding tickets that it might appear to be at first blush.
Yorke's conviction was quashed because he hadn't been given the opportunity to run a defence alleging that the form had been filled in and sent back without his consent. His agent claimed to have done it on his behalf, and without express instructions to do so.
There appears (for the time being anyway) a loophole where you can try and argue that it wasn't you that filled in the form and returned it unsigned, but was your wife/husband/girlfriend/boyfriend/whoever who did it on your behalf. Expect the Govt to legislate soon to fill that.
However! Where you yourself have filled in the form but returned it unsigned, it can still be admissible. That's the reason why the other guy whose case was heard in the High Court at the same time as Yorke's had his case sent back to the Mags for reconsideration.
So, if you're going to try this stunt, be sure to have anything which looks official and speed camera related opened, compelted and returned by your other half!
Yorke's conviction was quashed because he hadn't been given the opportunity to run a defence alleging that the form had been filled in and sent back without his consent. His agent claimed to have done it on his behalf, and without express instructions to do so.
There appears (for the time being anyway) a loophole where you can try and argue that it wasn't you that filled in the form and returned it unsigned, but was your wife/husband/girlfriend/boyfriend/whoever who did it on your behalf. Expect the Govt to legislate soon to fill that.
However! Where you yourself have filled in the form but returned it unsigned, it can still be admissible. That's the reason why the other guy whose case was heard in the High Court at the same time as Yorke's had his case sent back to the Mags for reconsideration.
So, if you're going to try this stunt, be sure to have anything which looks official and speed camera related opened, compelted and returned by your other half!
