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Failing To Furnish Driver Details

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Failing To Furnish Driver Details

Failing to furnish driver details when requested to by the police could mean that a relatively simple speeding fine and associated penalty points could quickly double and become a major problem for some drivers. This offence has seen some media coverage, as many drivers have attempted, successfully in some historical cases, to say that they did not know who exactly was driving at the time of an alleged incident.

The Prosecution

If the Prosecution can show that the driver did not take the required action and that they could reasonably be expected to know who was driving at the time, then the courts may prosecute the owner of the vehicle with up to 6 penalty points being added to a licence. It is important to remember that failing to provide adequate details can have serious consequences, and providing inaccurate or fraudulent information, can have even more dire penalties. In short, you should provide the information requested if you know, but if there is a genuine and good reason not to have done so, then you can employ the services of a qualified motoring lawyer to help defend your case.

Defences

There are some defences to this particular offence. If you can prove that you did not receive the document requesting information, that the request was drawn up and sent to you too late, or that you returned the information but the police did not receive it, then you may not have to face the penalty for failing to furnish.

Providing Details

If somebody was driving your car when an alleged offence took place, but the driver and car were not stopped at the time, then the owner of the vehicle will usually receive a request for driver information. This should be dated and sent within 14 days of the alleged offence, otherwise there may be a case to have the proposed fixed penalty or prosecution quashed. It also needs to be sent to the right address, although if you have failed to update your address with the DVLA, then this will not usually be considered a viable reason for not receiving the request for driver information.

Other Offences

If you are the only person that is insured to drive your vehicle, then it stands to reason that you were the driver, and you must be able to show to the courts that you performed all possible due diligence in order to ascertain exactly who was driving at the time the alleged offence occurred. If the courts are not convinced that this is the case, then you could find yourself with considerably more points and penalty than the actual alleged offence would have carried. An additional 6 points on your licence could mean being disqualified, and the whole case will almost certainly cost you money in fines and in increased insurance costs.

Failing To Furnish Driver Details

When asked for information from the police or DVLA, regarding an alleged offence that took place involving your car, it is your obligation to ensure that you do everything possible to recover that information and provide it to the police. If you have been notified that you are being taken to court for failing to furnish driver details, then you should contact a qualified, experienced motoring law legal professional to help defend your case and build the evidence that you need.

Call An Expert Road Traffic Solicitor

0800 999 5535
24 hour emergency callout 07855 806119

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