naming the driver

There is a legal requirement to identify, for the police, the name of the person driving the vehicle when it is alleged that a road traffic offence has been committed.  When they do this the recipient has 28 days to respond.

The police only have to write to the vehicle’s registered keeper within 14 days of the offence, warning of prosecution.  If you are the registered keeper then you must respond.  If you were the driver, but someone else owns the car, then it may take some time before you get something through the post.

Also, you cannot hide behind the Human Rights Act. It is entirely your choice not to incriminate yourself, but that will not prevent the police from prosecuting you for failing to respond. So far, the domestic courts have held that your right not to incriminate yourself is outweighed by the rights of the wider public to be protected from speeding motorists. Therefore, it is currently not a defence to an offence of failing to name the driver, to say that you had a right not to respond. This point has now been taken to the European Court which has ruled that it is not an infringement of a person's human rights.

That said, the police don’t always get it right and we have secured acquittals where errors have occurred. It is important to seek advice as soon as you receive a police request.

penalties

The penalty for failing to respond is a maximum fine of £1,000; six penalty points or a driving disqualification.

case studies

failing to identify the driver and speeding case dismissed

Barry Culshaw of Blake Lapthorn's Motoring Offences team was instructed by B who was facing proceedings before Swindon Magistrates Court brought by Wiltshire Constabulary whereby B was alleged to have been driving a motor vehicle whilst exceeding a 70 mph speed limit on the M4 in Wiltshire and in the alternative was facing an allegation that he had failed to identify the driver of the vehicle. B was advised to plead not guilty to both counts as Mr Culshaw perceived that there was insufficient evidence to convict. Following representations from Mr Culshaw to the Crown Prosecution Service no evidence was offered by the Crown Prosecution Service on the date fixed for trial and both counts were dismissed.

Please click here to view other naming the driver case studies.

For more information, please contact Philip Somarakis, a partner in the Motoring Offences team, on 01865 254277; email philip.somarakis@bllaw.co.uk