If you have received a notice of intention to prosecute there will be a requirement to provide details of the driver. But what if the driver wasn’t you or worse still what if you know the driver is disqualified? We received an enquiry last week from an anonymous caller. It went something like this:
Q I have received a notice asking who was driving my car
A The courts take offences of driving whilst disqualified seriously as it involves ignoring a court’s order. It does carry the risk of prison.
Q I need my car for my job. I already have 12 points on my licence but managed to avoid a
Q What if I don’t respond to the notice?
A That itself is a separate offence carrying a fine plus 6 penalty points.
So, what should I do?
As you can see, enquirers do call sometimes with dilemmas. I receive calls daily and always try to give some helpful guidance during an initial call. Often enquirers ask whether their defence will succeed or whether they will be disqualified from driving. However, in all but the simplest of cases, such questions cannot be answered without a full examination of the facts. The picture may give you a clue as to whether the caller found my answer to her final question to her liking
Motor Offences Barrister