Failing to Identify Name of the Driver

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          Failing to identify the driver...

As one of the most experienced motoring offence lawyers in the Suffolk, Essex and Norfolk region, Marcus Croskell can provide expert assistance in the event that you are charged with failing to identify the driver of a vehicle involved in a road traffic offence.

Failing to respond to a demand from the police for the name of a driver of a vehicle can be a costly experience with a large fine and 6 penalty points.  The Government increased the mandatory level of points as a carrot to owners to respond to the demand to identify the driver.  However, it is a power that is used to obtain information as to who was driving where they suspect in a variety of different types of offences from speeding to careless driving.  If you find yourself or a family member being summonsed to court or unsure how to respond to such a notice, Marcus Croskell can help you.  Your initial legal inquiry will be FREE and Marcus Croskell can be contacted by EMAIL HERE or on 0843 886 2603 quoting reference: marcuscroskell.com.

       Surely I did everything I could?

If you are being prosecuted, you may have a defence which can be used by a driving offence lawyer to fight your case.  It is not always easy for the registered keeper to comply with their obligations under section 172 of the Road Traffic Act 1988.  Your spouse or children may have access to the vehicle and in the typical busy lifestyle of modern families, you may find it difficult to identify who was in charge of the vehicle at the material time.  As long as you have responded in clear terms as to why in your particular circumstances you cannot identify the driver and have used all reasonable diligence to try to do so, you may have a defence under s.172(4) of the Road Traffic Act 1988.  Seasoned motoring offence lawyer Marcus Croskell will be able to examine the exact circumstances of the case and advise whether you have a defence and your best course of action.

       Case Study

Client was visiting the Norfolk Broads and whilst passing through the Norwich area, his vehicle was caught on a Gatso camera exceeding the speed limit.  He was not familiar with the area and had travelled to Norwich from London with his partner.  They switched over drivers at some point along their central route through the city, but were unable to say who was driving at the time of the offence.  A letter to that effect was sent by the client to the Norfolk Constabulary but rejected.


At trial, Marcus Croskell helped prepare witness statements from both the client and his now ex-partner.  The court were told about the couple’s lack of knowledge of the area, the enquiries undertaken using Google Earth to investigate their route, etc.  The client was acquitted as they accepted that he did not know who was driving and had used all reasonable diligence to try to identify the driver.  He recovered his costs of defending the prosecution.

If you are faced with a demand to notify the identity of a driver and are unsure how to respond, Marcus Croskell can help by advising you on what steps you need to take to establish who the driver was and how to respond to the police or relevant body minimising the risk of a prosecution.

If you are faced with a summons for a s.172 offence or simply want to some advice on how to respond, please contact Marcus Croskell if you would like a FREE initial legal enquiry on 0843 886 2603 or contact us online here.  Please use the reference: marcuscroskell.com.