Failure to identify driver accused of an offence
If you are have been charged, or are likely to be charged with the above offence, contact us to speak to one of our specialist motoring offences solicitors who will assess your case and advise you on a possible defence.
Contrary to popular belief it is possible to mount a successful defence against motoring offence charges and it may be possible to avoid disqualification in cases where this would cause exceptional hardship, or where special reasons can be shown in mitigation.
The law requires that the identity of a driver is disclosed by the owner of a motor vehicle following an alleged offence, for example when caught on a speed camera. This offence is also sometimes referred to as failure to nominate the driver of a motor vehicle or failure to furnish.
You will usually be informed of this by receiving a ‘Notice of Intended Prosecution’ which requires you to assist in identifying the driver of the vehicle at the time of the alleged offence.
The penalty for not providing this information is a 6 point licence endorsement and a fine of up to £1000.
If you do not know who was driving the vehicle you need to show that you have exercised ‘reasonable diligence’ to find out who was driving. This would involve requesting a copy of the photograph from the speed camera as a minimum.
If you are facing this situation, contact us now to speak to one of our motoring offences solicitors who will help you with your defence. It may be possible to avoid a penalty if we can show that you have followed all reasonable steps to ascertain the identity of the driver.
If you are the owner of a company vehicle which was identified in an alleged offence the rules are different as records are required to be kept about who was driving the vehicle. Contact us for more information on this.