Legal Procedures

Requests for information as to the identity of the driver
It is vitally important as a matter of evidence that the police (or other authority) adopt the correct procedure in cases of this type and that they comply, strictly, with the relevant time limits; equally, it is important that if you, as the keeper of a vehicle suspected of having been involved in an offence, receive a request for information that you deal with it appropriately, having regard to matters of evidence, procedure, time limits and the available penalties.

Notices of Intended Prosecution
These must be issued, unless exceptional circumstances apply, within 14 days of the offence to which they relate and they must be served on the keeper of the vehicle; it is important that you deal appropriately with such notices and that you do so, having been fully advised as to your position as the vehicle's keeper, in the knowledge of the implications in terms of possible prosecution and the likely sanctions.

Time limits
Strict time limits apply in road traffic offence cases as to service of requests for information/notices of intended prosecution, the period within which the registered keeper of the vehicle must respond to them (or face the consequences) and the period within which court proceedings must be commenced; we have long experience of the timetable 'framework' in cases of this type and can guide you through on a step-by-step basis.

Road Safety Act 2006
Significant provisions introduced by this new piece of legislation are now in force; the definition of 'careless or inconsiderate driving' has changed and the penalty, in terms of penalty points, for the offence of failing to provide information as to the identity of a driver has doubled.

'Totting up' cases
The 'usual' consequence of an accumulation of 12 or more penalty points in a three year period is a mandatory disqualification of 6 months but this can be avoided if we are able to demonstrate to the court that you would suffer 'exceptional hardship'; we have a significant record of success on behalf of our clients in cases of this type and can both help you prepare the argument and present your case for you.

Penalty points advice
It is important if you face the prospect of penalty points on your licence, whether as the result of an acceptance of a fixed penalty (ie 'out of court') or in the light of an impending court hearing that you are fully aware of your position first. For example: is there a range of penalty points available depending on seriousness? Which of the existing points on your licence are relevant to any 'totting up' calculation? If you are liable to 'totting up' disqualification, can disqualification be avoided?