The problems with failure to give driver details
People are often surprised to learn that driving offences which originally would have carried 3 penalty points increase to 6 penalty points or a
discretion to disqualify for motorists for failure to provide driver details. We have an extensive knowledge of procedure and case law and a proven
track record in the field so we can help defend you when the summons or notice
of intended prosecution arrives through your letter box. We can advise you with
all aspects of failure to provide driver details from people who simply did not receive any notice,
to the complex legal arguments that arise out of not receiving a notice within
14 days. Many cases we see are wrongly convicted people and this comes from the fact that the
law is often misunderstood. In most cases the person has met the legal
requirement such as giving all the information they had in their possession, but
are still convicted of failure to provide driver details because of basic misinterpretation of the law. We are on
hand to give you basic initial advice straight through to running the Magistrates Court trial.
Why not blame your partner or a family member?
Why not just fill in someone else’s details? Possibly even someone who lives
abroad as they will never check. Will they? We lawyers call this Perverting the
Course of Justice and it is an offence which often carries custody as a
sentence. We at Hammond Trotter Solicitors cannot recommend strongly enough that you not
risk doing this. Some people do get away with it and some people sit in a prison
cell wondering how a relatively minor driving matter landed them there. It is
not worth the risk especially as our team of experts will look at your papers
and tell you if the Crown Prosecution Service has a case or whether you should
defend the matter.
Is this not a breach of my Human Rights?
The Courts have made it clear that it is not a breach of your Human Rights to ask
you to identify the driver of a vehicle. The police are not obliged to warn you
under the PACE provisions and any website or person that tells you that there
are letters you can write to avoid naming a driver are, in our opinion, false.
There is no substitute for professional and honest legal advice.
Feel free to give our experts a call for a free, no obligation opinion of your