Protect your driver’s licence by working with an expert driving offence solicitor.
A criminal defence solicitor can help with driving offences by advising on your legal obligations, identifying valid defences such as lack of notice or reasonable diligence, and representing you in court to minimise penalties or avoid conviction.
FAQs
Failing to provide driver details is the act of refusing to produce details of the driver when asked by the police, as covered in the Road Traffic Act 1988. This occurs when the police send a notice to your home, regarding a driving offence they suspect you of committing.
A section 172 notice is sent to your home address, by the police, when they suspect you of committing a driving offence. This is sent with a Notice of Intended Prosecution (NIP) and should arrive within 14 days of the supposed driving offence. If you are looking to contest a charge of failing to provide driver details, these forms must be filled in.
It is expected of you to give the police the details of the person driving the vehicle at the specific time of the incident and other information via these forms. The court allows for up to 28 days for these forms to be returned.
If you do not return these forms with the correct information within 28 days, you risk facing a charge of failing to provide driver details.
If you have been sent a NIP and section 172 form for an incident not involving you, you must still return the forms complete with the information of the relevant driver. Not completing this could leave you liable for failing to provide driver details. Examples include:
Importantly, you cannot just give the forms to the suspected driver. Instead, you must fill them out to the best of your knowledge.
Failing to return these forms leaves you liable for failing to provide driver details and possibly perverting the court of justice – the latter of which is a much more serious offence.
If you cannot reasonably ascertain who the driver was during the incident, this can be used as a defence in court. As long as you prove that you exercised ‘reasonable diligence’ when trying to name the identity of the driver, you will not be charged with failing to provide driver details.
If you have been wrongfully accused of failing to provide driver details, contact our driving offence solicitors on 0203 007 5500.
Penalties for failing to provide driver details vary depending on the scenario. However, despite the fact you may not have been the driver, you can still be met with some harsh repercussions if failing to provide the correct information.
If you have been sent a NIP and section 172 notice, but failed to complete them in time or correctly, you could face:
If you intentionally give incorrect information, you could be charged with both failing to provide driver details and perverting the court of justice. The latter is a much more serious offence and could lead to much harsher penalties, including a prison sentence.
Failing to provide driving details can lead to a lot of complications; there are many technicalities and, as such, it requires a legal expert. At Britton and Time, our driving offence solicitors will ensure that you receive:
We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono work at present.
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