Failure to Identify Driver

What is failing to identify the driver?

Under section 172 of the Road Traffic Act 1988, you must identify the driver on the Notice Of Intended Prosecution (NIP). The offence is that you have received the NIP as the registered keeper of the vehicle but have failed to respond within the 28 day period notifying who the driver was at the alleged motor offence.

The notice will always be sent to the legal owner of the vehicle.

Penalties for failing to identify the driver

Failing to identify a driver carries 6 penalty points and a fine of up to £1000. If you are currently on 6 points and then you get charged with failing to identify the driver, you could be at risk of a 6 month disqualification via the ‘totting up’ process.

How can we defend a failure to identify a driver?

There are defences we can use if you have been charged with failing to identify the driver, some of which include:

  • You did not receive the NIP
  • The NIP has been sent to an incorrect address

You responded to the NIP but the Police did not receive it

Schedule a consultation with one of our expert solicitors

Read what our clients think

Thanks to their expertise, the evidence was carefully reviewed, and they identified crucial details that helped to weaken the prosecution’s case. Throughout the entire ordeal, they kept me informed and supported, ensuring I felt confident during each step of the proceedings. At trial, I was completely acquitted of the charge. I am incredibly grateful for their dedication and hard work. They not only saved me from a criminal conviction but also from a potentially life-changing consequence of a prison sentence. I can’t recommend this firm highly enough. Thank you for everything.

Mr BD

The team’s professionalism, attention to detail, and commitment to my case made all the difference. I can’t thank them enough for their support and dedication throughout the process. If you are facing any road traffic issues, I highly recommend Windmill Cross. They truly care about their clients and will fight for the best possible outcome.

Mr TA

I’m beyond relieved, and I owe it all to the team at Windmill  Cross. They were thorough, sympathetic and truly had my best interests at heart throughout the entire process. If you’re under investigation or facing legal challenges, I highly recommend them.

Anonymous