Proving Who the Driver Is

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Proving Who the Driver Is

Mr C, a professional man, genuinely did not know who was driving his motor car when it was photographed allegedly speeding. He returned his and asked for police photographic evidence. This did not help.

We represented him at court and successfully persuaded the court that he was not guilty as he genuinely was unable to identify the driver of the car.

PROVING WHO THE DRIVER IS
It is an offence for the keeper  of a vehicle the driver of which is alleged to have been guilty of an offence specified in the Road Traffic Act S172, to fail to give such information as to the identity of the driver as required by a chief officer of police.
Road Traffic Act 1988 s172 (a)

Also it is an offence for a person who is not the keeper of the vehicle to fail to give, when requested by a chief officer of police, information which it is in their power to give which might have led to the identification of the driver who is alleged to be guilty of the offence specified in the Road Traffic Act 1988.
Road Traffic Act 1988 s172 (b)

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations.  If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately.  We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.

Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.  Contact us immediately.

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Careless Driving

The careless driving offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

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