Failing to give information of driverís identity
 

Mrs C was charged with failing to give information of driver's identity as required.

 

Instructions from client:

Mrs C had been charged with failing to give details to the police of the identity of the driver of the car which was registered in her name when it had been caught going through a speed camera.  She told us that she had never received the notice that had been sent to her by the police due, she thought, to the fact that the postal deliveries in the area in which she lived were notoriously unreliable.

 

Maximum Penalty:

This charge carries 6 penalty points and a maximum fine of £1,000.

 

What we did:

We advised her that she had a defence in law because the law recognised that if she had not received the notice in the first place clearly she could not comply with it.  A trial therefore took place in the Magistrates Court and we represented her at that hearing.  The Magistrates convicted her but the reasons that they gave were wrong in law and so we advised her to appeal her conviction and again we represented her when that hearing was dealt with at the Crown Court.

 

Outcome:

Her appeal was entirely successful and the conviction that she had acquired at the Magistrates Court was set aside.

 

Value to our client:

She had saved a fine and the imposition of penalty points.  In addition the Crown Court ordered that all of the costs that she had incurred both before the Magistrates Court and the Crown Court should be reimbursed to her which they were.

16th December 2018

Sarginsons Law