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Failing to name a driver has serious consequences, ranging from six penalty points to a discretionary disqualification. You could even be accused of perverting the course of justice.
To avoid these pitfalls, you must show that you genuinely do not know who was driving your vehicle at the time of an alleged offence – and that you cannot reasonably be expected to find out. Or, you must prove there is some other reason that exonerates you.
Failing To Name The Driver
Have you been accused of failing to name the driver? Contact our motoring defence lawyers for expert legal advice.
You can call us on 0333 009 6275. We can take your call 24 hours a day, seven days a week.
Naming the driver
The owner typically receives a Notice of Intended Prosecution (NIP) through the post when a vehicle is caught committing a motoring offence or an accident. The owner then has 28 days to respond.
As part of this response, the owner must confirm who was driving the vehicle at the time of the alleged offence. As the owner, you are legally obligated to comply with the request. Otherwise, you could be charged with failing to disclose the identity of a driver.
Consequences of failing to name the driver
Failing to disclose the identity of a driver to the police is a serious offence. It carries up to six penalty points and a maximum fine of £1,000. The court even has the discretion to disqualify you.
Having your licence endorsed with six penalty points is significant. If you are a new driver, your licence will be revoked, and you must retake your test. Even if you are not a new driver, six points could push you over the 12-point limit, resulting in a topping-up ban.
These consequences are severe, especially considering that most speeding offences carry just three points. You may even be invited to attend a speed awareness course for a first offence.
If the police suspect you are lying about the driver’s identity, you could also be accused of perverting the course of justice. This can lead to a custodial sentence, so speak with our Motoring Defence Lawyer.
Reasons for failing to name the driver
However, you may have a valid excuse for failing to name the driver.
Firstly, you may not know who was driving during the alleged offence. When this happens, you must try to find out through ‘reasonable diligence’. If this is not successful, you must not guess. Instead, the onus is on you to prove to the court that you have tried to discover the driver’s identity to no avail.
Secondly, it may not have been reasonably practicable for you to disclose the driver’s identity within the allocated time. For example, it could be that the police sent the NIP to your old address even though you updated your records with DVLA. (If you did not update your address with DVLA, the police would say that fault lies with you).
Whatever the circumstances, you must establish that there is a valid reason why you have not, or cannot, name the driver. Otherwise, the court may uphold the charges. That is why it is essential to have the support of an experienced legal team. You could be charged with perverting the course of justice. What is the minimum sentence for perverting the course of justice?
Accused Of Failing To Name The Driver
If you have been accused of failing to name the driver, speak to our motoring defence lawyers. We can help you avoid the pitfalls of failing to disclose the identity of a driver. See our motoring defence fees page to learn more about our fixed fees.
- Fail To Provide
- Fail To Stop / Report
- Fail To Produce Documents
- Motoring Offences – The Chances of Conviction