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Failure to Name a Driver

If a traffic offence has been committed then you are legally required to give the police the identity of the driver if requested to do so. In fact, you are required if the driver was not yourself to make reasonable enquiries as to who the driver was. If you do not respond then you can be fined a maximum of £1,000, 6 penalty points and possibly disqualification.

Unfortunately, it is not a defense to say that it infringes your human rights to not respond. If you do not respond then the police may still prosecute you. It is also the case that this offense can apply to a company as well as an individual.

Possible defenses may include:

Notice of intended prosecution sent out too late
Despite reasonable attempts you cannot recognize who was driving
Notice of intended prosecution did not comply

Tried your best but cannot identify the driver then call us first.

For their part the police need to identify the registration of the vehicle, when the offence took place, where the offence took place and what the offence was. Then a notice of intended prosecution would need to have been sent to the registered keeper within 14 days of the offence.

With Applebys expertise we can help you stay on the road.

If you are facing prosecution, the loss of your license and possibly your livelihood regarding failure to name a driver….. then contact us now for a confidential chat.

Call our Specialists today for your assessment 0800 169 1325

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