What happens if police can't prove who was driving?

Although the Police may well prosecute for failing to identify/supply information, if the Court accepts that you have behaved reasonably and have made a genuine effort to identify the driver, this may amount to a satisfactory defence.

Do police have to prove you were driving?

Sometimes the police are unable to prove you were driving. Being seen near to the vehicle may amount to 'prima facie' evidence of drunk in charge but not drink driving. Sometimes the only evidence of driving will be a roadside confession by the driver.

What happens if you Cannot identify the driver on a speeding ticket?

Section 172 gives registered keepers a defence if the information requested cannot be provided, and it's as follows; “A person shall not be guilty of an offence [under s. 172(2)(a)] if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was”.

Do I have to say who was driving my car?

If a motor vehicle has been involved in an offence such as speeding, traffic light offence or in circumstances involving an accident, then under section 172 of the Road Traffic Act 1988, there is a legal obligation on the owner or registered keeper of the vehicle to give information as to the identity of the driver of ...

Can I ask for evidence of a driving offence?

Yes. However, on the vast majority of cases, there is no obligation upon the Police to disclose evidence until the case gets to Court. That said, if you persevere, you should be able to obtain same from the Police on a voluntary basis.

POLICE VEHICLE STOPS - What info do I need to give the police? - Community Legal Education

Can speed cameras prove who was driving?

Photographic evidence may be shown to you, however, the police may tell you that they only need the vehicle's number plate to prosecute. This is often why photograph taken by speed cameras don't show who was driving.

What is a Section 172 offence?

Road Traffic Act 1988, section 172

In particular, commonly referred to as a 'section 172 requirement', the police have the power to require the registered keeper of a vehicle – or to require any other person – to identify or name the driver of that vehicle at the time of any alleged motoring offence.

Is failing to provide driver details a criminal offence?

Failure to provide information refers to a driving offence that occurs when a driver fails to provide their details, such as their name and address, to the police following a road traffic incident.

Can I say someone else was driving?

You must respond to the NIP to tell the police this. If someone else was driving your car at the time, you must inform the police of who the driver was. It is illegal for you to accept responsibility for another person's offence.

What is a Section 172 driver statement?

This is one of the statutory defences to the offence of failure to provide driver details. Section 172 itself stipulates that you will be found not guilty of the offence if you can prove that: You don't know who the driver was. You tried your best to ascertain the identity of the driver but couldn't do so.

What if someone else was speeding in my car?

If it is not clear who was driving the vehicle at the time of the speeding offence then the police will send the registered keeper of the vehicle a notice of intended prosecution and request for information under section 172 of the Road Traffic Act 1984 (usually the same document).

Can police fine you for speeding without proof?

The police will need evidence to prove that you were caught speeding. Some of the methods that the police may use to support the allegation include using a hand held or fixed speed camera. When it comes to offences whereby a driver was caught on camera it's likely you will see a calibration certificate.

How much does it cost to appeal a driving ban?

As a Specialist Motoring Offence Law Firm, our solicitors and barristers can be appointed to appeal a driving ban on a fixed fee or hourly rate basis. Our fixed fees for appeals in the Crown Court start from £1,500+VAT (£1,800).

Do police have access to DVLA records?

The law allows DVLA to release information from the vehicle register to the police and local authorities. Regulation 27 of the Road Vehicles (Registration and Licensing) Regulation 2002 also allows us to release data to private or public sector organisations and individuals.

How do police catch banned drivers?

More and more people nowadays are caught driving when they already have bans. Police Officers use devices called 'Automatic Vehicle Registration Recognition System's' which simply scan a car registration and allows the police to see if the car is taxed, insured, MOT and who the registered keeper is.

What are the rules for driving someone else's car?

It might be an emergency or you may have permission from the car owner, but that doesn't mean it's legal. Unless you're a 'named driver' on their car insurance, you almost certainly won't be insured. And both the driver and car owner can run into trouble if caught without the necessary cover.

What happens when you nominate another driver for speeding?

This may also lead to you being disqualified from driving. If you have nominated another person as the driver at the time of the alleged offence, he will receive a 'Notice of Intended Prosecution' from the police and he will be subjected to the same procedure.

Can I give speeding points to someone else?

One of the most serious offences that can come before a court is 'perverting the course of justice', this is because it strikes at the very heart of the justice system. Such offending includes taking points for someone else.

What is failing to identify driver of a vehicle?

Failing to identify the driver of a vehicle is a criminal offence when requested by the police or another authorised person. These cases usually occur when a notification of an intended prosecution are sent to the registered keeper of a vehicle.

What driving Offences go to court?

Speeding. Careless or dangerous driving. Failing to stop/report an accident. No insurance and other road traffic document and driving licence offences.

What is Section 59 motoring offence?

Section 59 of the Police Reform Act 2002 refers to vehicles being used in a manner which causes alarm, distress or annoyance. Where a vehicle is being used in this way, or otherwise amounts to careless or inconsiderate driving, a constable in uniform will have the powers set out in subsection (3) below.

What is Section 77 of the road traffic Act?

(1)An authorised examiner may at any reasonable hour enter premises where used motor vehicles or trailers are supplied in the course of a business and test and inspect any used motor vehicle or trailer found on the premises for the purpose of ascertaining whether it is in an unroadworthy condition for the purposes of ...

What is a Section 36 traffic offence?

Section 36(1) Road Traffic Act 1988. Running a red light or failing to comply with any other road traffic sign, including road markings is an offence. These offences are usually dealt with by fixed penalty.