Failing to Identify Driver
Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better.
Do not be tempted to forget about it and hope it will go away, It Won't!!!
Failing to Identify Driver – 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)
Failing to Identify Driver Prosecution
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.
Contact us about Failing to Identify DriverFor more information regarding Failing to Identify Driver then please contact us on 0800 032 5930 or email us at .
Case Study - Proving Who the Driver IsMr 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.
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