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Motoring Defence

Fail to Identify Driver

Failing to identify the driver of a vehicle is a criminal offence when requested by the police or another authorised person. These cases usually occur when a notification of an intended prosecution are sent to the registered keeper of a vehicle. Speak with our Motoring Defence Team Ashmans Solicitors before speaking with the police.  Asking them to identify the driver of the vehicle at a particular time and place resulting from an offence. However, you may be requested to identify the driver if your vehicle has been involved in an accident which caused a personal injury.  Or consequently damaged someone else’s property. You are expected to take all reasonable steps to identify who is driving your vehicle. The law specifically says:

  • If a driver of a vehicle is alleged to have committed a motoring offence. Then a notice of intended prosecution (NIP) is sent to the registered keeper of the vehicle
  • The registered keeper is then responsible by law to provide details to identify the offending driver
  • Failure to do so will result in the registered keeper being prosecuted

Are There Any Defences?

There are a number of possible defences you can use if you are faced with this particular motoring offence. You will need to:

  • Prove you do not know who the driver is
  • Likewise prove that you cannot identify who the driver is. Above all that you have taken all reasonable steps to do so.
  • Provide the information you have as soon as you possibly can

Without proving any of the above defences, you will be charged with failure to identify the driver.

What are the penalties for failing to name the driver?

If you are convicted of failing to identify the driver of a vehicle:

  • A maximum fine of £1,000
  • 6 penalty points on your driving licence
  • If you are a new driver and you are convicted of failing to identify. Then you will have your licence revoked and you will have to take your test again
  • Maybe you already have a number of penalty points on your driving licence. If this offence takes you over the maximum of 12 points, under the totting up rules. This may mean a driving ban for a minimum of 6 months

A simple, “err not sure who was driving but it wasn’t me”. This will not suffice in a court of law and you will be prosecuted for failing to identify the driver. Don’t be naive and get expert advice from Ahsmans Specialist Motor Solicitors. Our experienced motoring offences team has a reputation for achieving excellent results.

Possible Offence Codes

MS90 Failure to give information as to identity of driver etc 6

 

References

Contact us Now

You can get in touch with us in a number of different ways. You can call us on 0333 009 6275, available 24 hours a day 7 days a week.

If you would prefer you can email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be delighted to help you.

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Why Choose Us for Your Motoring Defence case?

  • We understand that you need to protect your driving licence.
  • We can offer you our help, wherever you are in England and Wales.
  • We are the first choice for professionals who need help with keeping their driving licence. We act on behalf of many other solicitors – and also doctors, teachers and vets who are facing a motoring offence. This is in addition to taxi drivers, lorry drivers and others who drive for a living.
  • We have access to experts who may be able to mitigate your motoring offence, such as speed detection experts, alcohol back-calculation experts and medical experts, too.
  • Our experienced motoring offences team has a reputation for achieving excellent results. We will put all of our collective experience behind you.
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