Fail To Name Driver – Witness Not Allowed To Give Evidence

Question:

I have been found guilty of failure to notify information about the identity of the driver.

I was not the driver two of my brothers were using the car they were pointing the finger at each other I could not establish who it with all reasonable efforts.

Took my brothers to court as witnesses. The CPS claimed that they sent two notices and I did not reply to any – True. It wouldn’t have made any difference. My brothers were not going to admit anything.

Dominic Says:

Did your brothers confirm that it was one of them driving at the time of the alleged offence when they gave evidence at court?

If you used reasonable diligence to figure it out then it doesn’t matter whether or not you communicated with the police – there is no requirement for you to do that by law – unless there is only one other potential driver.

Having said that it is probably because you didn’t respond in anyway that they convicted you. It does help to communicate your difficulties and efforts.

I defend over 96% of these fail to name driver allegations and will be happy to help you if you want to appeal to the crown court. It’s a complete re-trial.

We may be able to persuade the CPS not to oppose the appeal. If we win you will get your reasonable legal costs back – if we don’t then you will be at risk of higher costs at the crown court.