• Failure to Identify a Driver

You may receive a Notice regarding a traffic offence involving a vehicle that you believe you were not driving at the time.

Under Section 172 of the Road Traffic Act 1988, you are under a duty to identify the driver of the vehicle within 28 days and if you fail to do so, you have committed a separate offence for which your licence can be endorsed with 6 penalty points and a fine up of £1,000.

Most speeding offences are detected by unmanned cameras and devices so this law is aimed at forcing the keeper of the motor vehicle (or the registered keeper on the V5 document) to provide the name of the driver at the time of an alleged offence.

“What if I’m not sure who was driving”?

If you do not know who was driving you are obliged with to act with due diligence to make enquiries to ascertain who was driving at the time. There will need to be some compelling reason as to why you cannot give the driver’s details, as owners and keepers are expected to know who is using their vehicle. You will most likely be questioned and the Court will need to be satisfied that you genuinely do not know who was driving and also that you are unable to find out.

If you know who was driving but for some reason you did not receive the Notice asking for the information then you may need to attend Court and make a statutory declaration explaining his. The person named may still go on to defend the charge.

Call us now if you were not the driver and you would like advice on how to proceed.

Key stages for a guilty plea

We will meet with you, consider the evidence and advise on the likely sentence and then represent you at court. We will then discuss the outcome with you after the case. The fee will not include obtaining expert or other witness statements to assist your case, advice and assistance on a special reasons or exceptional hardship hearing or advice on an appeal.

How much will it cost?

Costs will vary depending upon the circumstances of your case but typically the fees will range from £500 to £900+ VAT depending on the circumstances and where the case will be heard and we will discuss this with you when you first come to see us. Timescales will again depend on the facts of the case and when your case is listed with the court. Typically it will take between 2 and 6 months to complete dependent upon when the case is listed by the court.
You should be aware that legal aid is not generally available for motoring offences, unless they are of the more serious kind.

For more information about how we could help you, please get in touch below.

MOTORING LAW SOLUTIONS