We have an incredible 100% success rate in cases proceeding to trial!
Potential Loopholes
- Unauthorised police officers conducting enquiries under Section 172 of the RTA 1988.
- Insufficient evidence about the authority of the police officers.
- Incompetent or irrelevant charges, time bar.
The offence failing to identify the driver of a vehicle often transpires as a result of a vehicle - being involved in an accident or an alleged speeding offence - where the driver of the vehicle has not spoken with the police at the time of the alleged offence.
In such circumstances, the registered owner of the vehicle is served with a notice of intended prosecution requiring that the registered owner of the vehicle confirm the identity of the driver at the time of the alleged offence.
The requirement to identify the driver of a vehicle is contained within Section 172 (2) of the Road Traffic Act 1988 which states:
“Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police.”
If you are served with a notice of intended prosecution requesting that you identify the identity of a driver all you need do is carry out due diligence by responding to this with as much information as you can give. However, in reality, providing all the information you have knowledge of is not always deemed sufficient and can often lead to prosecution under this section of the Act.
Contact the Specialists
If you have been charged with failing to identify the driver of a vehicle and you feel that you have done all you can to comply with the law then you may feel that a prosecution is totally unjustified.
Added to that you may feel a great deal of stress and anxiety with what can be an extremely complex and difficult case to defend. Accordingly, the task of retaining your driving licence should not be entrusted to inferior legal representatives when only specialist road traffic solicitors will do!
WE TAKE THE STRESS & ANXIETY OUT OF THE SITUATION FOR YOU.
This particular area of Road Traffic Law is a specialism of ours and we have successfully explored loopholes in the law to have the vast majority of cases dropped failing which achieving an acquittal for our clients.
Have you received a notice of intended prosecution or been charged with failing to identify the driver of a vehicle. If so, don’t leave anything to chance… Contact the road traffic specialists immediately!
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