Failure To Identify The Driver
Need Expert Legal Representation for a Failure To Identify The Driver Offence?
At Motoring Solicitors, we specialise in defending motorists accused of failing to identify the driver of a vehicle alleged to have committed a motoring offence. From our multiple offices, we represent clients across England and Wales, offering expert legal advice and professional court representation.
If you’ve received a Notice of Intended Prosecution (NIP) or a Section 172 Notice requiring you to identify the driver and you’ve been accused of failing to do so, it’s essential to seek legal advice immediately. Our team has extensive experience in dealing with these cases and can help you protect your licence.
Call us today on 01274 494498 or use our online contact form — we’ll call you back promptly for a confidential, no-obligation consultation.
What Does “Failure to Identify the Driver” Mean?
Under Section 172 of the Road Traffic Act 1988, the registered keeper of a vehicle must provide details of the driver when requested by the police following an alleged motoring offence (such as speeding or running a red light).
Failure to identify the driver without a reasonable excuse is a criminal offence that can lead to six penalty points and a substantial fine.
Common situations include:
Not receiving the NIP or Section 172 request in time.
Responding incorrectly or after the 28-day deadline.
Being genuinely unable to identify who was driving at the time.
Administrative or postal errors.
Why choose motoring solicitors
- Specialists in careless and dangerous driving offences
- Proven success across England and Wales
- Clear, honest, and professional advice — no jargon or false promises
- Strong knowledge of road traffic law and court procedure
- Transparent fixed-fee representation
Possible Penalties
If convicted of failing to identify the driver, the penalties can be significant:
Six penalty points on your licence.
A fine of up to £1,000 (or higher in serious cases).
Potential driving disqualification if you already have other points on your record.
The court may consider whether you had a genuine reason for not being able to identify the driver. Having an experienced solicitor to present your case can make a crucial difference.
Your Legal Options
You may have a valid defence if:
The NIP or Section 172 notice was not received or incorrectly addressed.
You made reasonable efforts to identify the driver but genuinely could not do so.
There was a breakdown in communication with the vehicle’s keeper or company fleet.
Even if a conviction cannot be completely avoided, we can work to reduce the penalty or avoid disqualification by presenting mitigating circumstances to the court.
Contact Us
We’re Here to Help You Resolve Your Issue
How We Can Help
Our motoring law specialists will carefully review your case to determine whether a valid defence exists. We can help by:
Establishing whether the notice was correctly served.
Proving you exercised reasonable diligence in trying to identify the driver.
Challenging any procedural errors by the police or prosecution.
Presenting your case effectively in court to minimise penalties.
We have a strong track record of successfully defending Section 172 offences — including cases where clients faced potential licence disqualification.
Funding and Fees
We operate on a fixed-fee basis with flexible payment options, ensuring you always know where you stand financially before we begin your case.
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