failing to furnish information
Under Section 172 of the Road Traffic Act 1988, if you are the registered keeper of a vehicle that was involved in an offence such as speeding, where the vehicle was not stopped by a police officer, it is likely you will be asked to provide the details of the person who was driver of the vehicle at the time the offence was committed.
If you do not provide the information requested, you could be prosecuted. If you are found guilty of this offence, your licence could be endorsed and you could even be disqualified from driving.
Normally the request for information is sent to the registered owner by post, and sometimes reminders are sent out when a reply has not been received. If you have received a request requiring you to identify the driver of a vehicle, we strongly recommend that you reply within the prescribed time period specified, and ensure you have some proof of posting.
It is entirely possible for your reply to go missing, and we have dealt with instances where the reply was not received by the police and the registered owner has been prosecuted. Whilst we have successfully made representations to the Crown asking them to withdraw the prosecution in these circumstances, we would prefer that you avoid the problem altogether by ensuring as best you can, the police receive your reply.
How we can help
Should your matter proceed to court, your case will be led by barrister or a solicitor-advocate, so you can be sure that your case will be expertly prepared and that the representation at court that we provide, will be of the highest quality.
Once we have your instruction, we will thoroughly examine the prosecution case and all the available evidence. It may be that there are defences that can be put forward, or that the prosecution evidence could be challenged. We will then give you clear, practical advice in respect of the strength of the prosecution case and in respect of plea, mitigation and sentencing. If there are defences that could be put forward, we will advise you accordingly.
If it is necessary to take statements from your witnesses we will do so, and we will assist you in obtaining documentation, such as medical records, that may be relevant to your case
For a confidential discussion in respect of this offence or the totting up process, if you believe that an endorsement on your licence will mean you reach the 12 point threshold, call our office on 01223 632420 and arrange an appointment.