If you have received a notice of intention to prosecute there will be a requirement to provide details of the driver. But what if the driver wasn’t you or worse still what if you know the driver is disqualified? We received an enquiry last week from an anonymous caller. It went something like this:
Question: I have received a notice asking who was driving my car one day last month. It was my boyfriend but he is disqualified from driving. He had to drive but did so without my permission. Will he be sent to prison if I answer truthfully?
Answer: The courts take offences of driving whilst disqualified seriously as it involves ignoring a court’s order. It does carry the risk of prison.
Question: I need my car for my job. I already have 12 points on my licence but managed to avoid a 6 month ban recently by arguing ‘exceptional hardship’. If I say it was me driving and take the points what will happen?
Answer: It is a criminal offence, perverting the course of justice, to mislead the courts in order to take points for someone else. People can be sent to prison for this. Also, you cannot rely upon the same grounds in support of an ‘exceptional hardship’ argument put forward on the last occasion.
Question: What if I don’t respond to the notice?
Answer: That itself is a separate offence carrying a fine plus 6 penalty points.
So, what should I do?
As you can see, enquirers do call sometimes with dilemmas. I receive calls daily and always try to give some helpful guidance during an initial call. Often enquirers ask whether their defence will succeed or whether they will be disqualified from driving. However, in all but the simplest of cases, such questions cannot be answered without a full examination of the facts. The picture may give you a clue as to whether the caller found my answer to her final question to her liking….
Sunil practised from Chambers in London for 25 years. As a junior barrister he would regularly appear on behalf of members of the AA who were being prosecuted for driving offences. Saving driving licences (and consequently careers and livelihoods) became second nature to him. Since then he has appeared in criminal cases from common assault to murder (and everything in between). He has prosecuted and defended in the full range of trial courts from the humble Magistrates’ Courts to the Old Bailey itself. In fact, he was quickly promoted to list ‘A’ counsel on the Attorney General’s list of advocates (reserved for only the best barristers on the list). He has now decided to use his considerable experience for the benefit of the motorist by setting up a boutique, road traffic defence practice, Kent Traffic Law.
Specialising in a range of motoring offences in the UK
If you have you been charged with a motoring offence or you need to save your Driving Licence, Kent Traffic Law can help!
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