Great Result at Norwich Magistrates’ Court

I represented today a gentleman accused of failing to notify the name of a driver and failing to comply with a traffic sign at Norwich Magistrate’ Court.  He was clear that he was not driver at the time and had attempted to respond to the forms sent by the police. The Police had no evidence of who was driving and needed him to either finger the culpit or take responsibility himself.

However, when he completed the forms, he failed to read them properly and on two occasions, resulted in them being incorrectly completed and failed to comply with his obligations under s.172 of the Road Traffic Act 1988.  The client also suffered with reading and writing problems as English was not his first language.  

These are common features that I see in cases involving a failure to notify the identity of the driver.  If you are the person to whom the notice is addressed to, you MUST fill it in yourself and must do so CAREFULLY.  If you wish to identify another as the driver, there is usually a specific section on the form that allows you do it.  If you ar ethen required to sign the form and date it.  if the form does not fit the answer you want to give because you are unable to identify the driver, it may be possible to respond via a letter that will be compliant with your obligations under the act.  I would suggest you consult me on how you complete such a letter to ensure you are in the strongest position possible from the outset if the police reject your letter and try to prosecute you.

The magistrates today agreed with my submission that despite his failings, they could exercise their discretion with the penalty.  Whilst it is mandatory for the driver to receive 6 penalty points, they were able to not fine him at all and conditionally discharge him for 6 months.  This effectively means he will not be punished further for the offence.  They ordered he pay no prosecution costs at all.

Norwich lawyer - If you need expert advice for a motoring offence at Norwich Magistrates’ Court or other court centre, please contact Marcus Croskell for a FREE initial legal consultation HERE or call 0843 886 2603 quoting: MARCUSCROSKELL.COM.