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Failure to Identify the Driver - Don't Risk Prison

Most people have had the unpleasant experience of receiving a letter through their door from the police stating that their vehicle was involved in a road traffic offence, normally speeding at a certain date and time.  Included in this envelope there would be a form asking you to identify who was driving at that time.  To then not identify the driver would be treated as an offence for which 6 penalty points may be endorsed on your driving licence or, in unusual cases, you may be disqualified from driving.  If points are imposed and this brings your total on your licence up to 12 penalty points or more then the court has to normally disqualify you for at least 6 months under the “totting up” rules.

If someone already has 9 points on their driving licence there may be a temptation to lie on the form about the identity of the driver.  This happened in the recent case of Chris Huhne, ex-cabinet minister and MP.  He had 9 penalty points on his driving licence.  He committed a further speeding offence.  He knew that if he completed the form identifying himself as the driver he would receive more points on his licence taking his total up to 12 penalty points or more, and he would be disqualified for at least 6 months.  He therefore persuaded his wife, Vicky Price, to agree to take the penalty points instead.  He lied on the form requesting the identification of the driver saying that it was Vicky Price who was driving.  We all know what happened next. They were found out and convicted of perverting the course of justice and both received 8 months prison sentences.

What is surprising is that Chris Huhne is not alone in his thinking.  In a recent survey, two thirds of motorists said they would be willing to take on penalty points for a family member, or a friend, in order to avoid them having 12 penalty points or more on their driving licence and being disqualified under the totting up provisions.

If you find yourself facing an allegation of failing to identify the driver, or the possibility of being banned because you have 12 penalty points or more on your driving licence, contact Philip Hatvany, our specialist motoring law solicitor now.  When people are facing a possible driving ban because of the accumulation of penalty points Mr Hatvany has over a 95% success rate at saving their driving licences by arguing exceptional hardship.  Call Philip Hatvany now for a FREE telephone consultation on FREEPHONE 0800 909 8110.