If the police suspect you are the registered keeper of a vehicle that was observed committing an offence – or if you have been identified as the driver of such a vehicle by somebody else – they will send you a notice requiring you to name yourself or somebody else as the driver. If you fail to respond, or if the response you send it unsatisfactory, they can charge you with a criminal offence and take you to court. The punishment for failing to identify a driver is often harsher than the sentence for the original offence would have been, which is done to encourage people to respond.
You will have a defence if you did not receive the notice, or if you did respond but your response was not received. If you run a company that lets other people drive, e.g. hirers, employees, etc. you will be expected to keep a record of who was driving and to produce that record when required. However, you will have a defence if there is a good reason for you not being able to produce the record to identify the driver.
The sentence for failing to identify a driver is 6 penalty points plus a fine of up to £1,000. If the additional 6 points takes you to 12 points on your driving record the court will be required to disqualify you for at least 6 months unless you can convince the magistrates’ that doing so would cause you exceptional hardship.
By involving a specialist motoring law solicitor as early as possible you give yourself the best possible chance of winning your case, whether that means avoiding convicition, keeping your driving licence or simply minimising the consequences of a guilty plea. We can help you however you decide to deal with your case.
The sooner you get in touch the sooner we can get to work on your case.
Don't delay, call one of our expert motoring specliast solicitors now on 020 8242 4440 or visit our contact page to send us an email.