Home > Failing to Identify
Have you been summoned to attend court in relation to an allegation of failing to identify the driver?
Contact Just Motor Law today and we will apply our expertise with the aim of winning your case.
So what does the law actually say?
Failing to identify the driver is a criminal offence.
Where a driver of a vehicle is alleged to be guilty of certain motoring offences, a notice of intended prosecution is sent to the registered keeper of the vehicle. This person is then required in law to provide details relating to the identification of the offending driver. In cases where the identity of the driver is not provided, the registered keeper of that vehicle can be prosecuted.
What are the penalties for failing to identify the driver?
Failing to identify the driver carries a mandatory punishment of 6 penalty points and a fine of up to £1000 if convicted
If you are a new driver then your licence would be revoked and you would have to retake your test. Retaking your test is a costly exercise. You may also need extra lessons before you felt comfortable putting in for it again
If you already have 6 or more points on your licence then you will tot up to 12 points and the Magistrates will consider disqualifying you from driving for a minimum of 6 months unless there are special reasons not to impose the points or a disqualification would cause exceptional hardship. If either of these arguments are applicable then we can ask the court not to ban you even if you are convicted of the offence
Are there any defences?
Yes! You will not be guilty of an offence of failing to identify the driver if you can show that you did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was or show that you gave the information as soon as reasonably practicable or that it has not been reasonably practicable for them to provide this.
These defences are normally used in cases where the notice of intended prosecution was never received or in cases when more than one person could have been driving the vehicle at the time of the alleged motoring offence and the registered keeper simply has no idea who was driving.
Just because you have not provided the identity of the driver when requested, this does not automatically mean you would be convicted. The Crown Prosecution Service must prove their case against you and in doing this, they will need to produce evidence. In our experience, this evidence is often not forthcoming and your case could be dropped.
How can we help?
At Just Motor Law we provide you with the advice you need to consider your options for challenging this allegation. With offences like failing to identify the driver, there are often loopholes and technicalities which we can exploit to win your case. We have a vast amount of experience in successfully challenging and dealing with cases just like yours. We evaluate the circumstances surrounding your particular case and scrutinise the procedures the police have followed with the aim of establishing a defence and SAVING YOUR DRIVING LICENCE. Don’t just accept it – defend it!
Remember, there is always something that we can do to help and with Just Motor Law you will not face this stressful and complex situation alone.
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