Failing to Provide Driver Details: Not Guilty Verdict
Our Case Study
Nature of the Offence
Mr Carrington had 6 active penalty points on his driving licence and was facing prosecution for Failing to Provide Driver Details, an offence which attracts 6 penalty points. A conviction for this offence would have resulted in Mr Carrington accumulating a total of 12 penalty points on his driving licence and being disqualified from driving for at least 6 months.
Mr Carrington was the main financial provider for the family and a driving ban would have result in loss of employment and a significant reduction in the family income therefore, it was vital for Mr Carrington to retain his ability to drive.
Mr Carrington remembered receiving the Section 172 request for driver details form and remembered completing the form and explaining that his son was the person driving his vehicle at the time of the speeding offence.
The Police case was that Mr Carrington had not provided the details of his son as the driver however, Mr Carrington vehemently disputed this. He clearly remembered completing the form and posting it when he was walking the dog with his wife. His wife also confirmed that he had completed and returned the form to the Police within time.
As Mr Carrington disputed this offence, our lawyers advised him to plead not guilty and his case was listed for trial.
At trial we represented him and adduced evidence from him and his wife, along with cross-examination of the police witnesses. Our case was that he had completed and returned the form and was therefore not guilty of this offence, and the police case was that he had not.
The Magistrates carefully considered the evidence from the prosecution and defence and acquitted our client. The Magistrates’ accepted that Mr Carrington was a person of integrity and credibility and accepted that he had in fact returned the Section 172 form to the Police and the fact the police had not received his form did not necessarily mean that he had not completed and returned the form.
Names have been altered for client confidentiality reasons
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