Failing to Identify Driver

We get a steady stream of enquiries from people either at the receiving end of a Postal Requisition which alleges that they have failed to identify the driver of a vehicle suspected of committing an offence, or those who have already been convicted in their absence and have been notified by the DVLA that their driving licence has been revoked.

Don’t panic, we can help.

The law

S172 Road Traffic Act 1988

Where the driver of a vehicle is alleged to be guilty of an offence –

  1. a) 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, and
  2. b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.

What am I looking at?

A conviction carries a financial penalty and 6 penalty points.  This is a particular concern to new drivers who risk the immediate revocation of their licence on conviction.

Is Legal Aid available?

Probably not.

Allegations of endorsable motoring offences may sometimes satisfy the “interests of justice” test.  If they do in your case and if you are financially eligible, legal aid would be available.  If it is, we can provide representation at no cost to yourself at court.

Contact us now and we can provide you with expert advice regarding legal aid eligibility or offer you a fixed fee to provide representation.