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Internet myths | Dangerous Myths | Ficticious Driving Loopholes

We get to hear about all sorts of arguments that people raise in order to try and avoid responsibility for a road traffic offence.

We know that you are often desperate but if you put forward a weak argument without merit you will often end up getting yourself into even deeper water  than you were in to start with.

If you contact us and tell us what has happened we will be able to tell you whether or not you have a legitimate defence and stop you from getting yourself into trouble with some of the ropey arguments raised below.

Number 1 myth

Asking me to tell you who was driving is a breach of my human rights!

I am the registered keeper of a vehicle and I have been asked to provide the identity of the driver of my vehicle when an alleged offence took place. I understand that the prosecution have to prove the allegation against me beyond reasonable doubt and therefore I don't have to tell them anything. My human rights say that I don't have to incriminate myself by providing this information.

Wrong!!

This argument is a dead duck. It has been argued over and over again and all the way to the European Court Of Human Rights. The ECHR has clearly stated that the keeper of a vehicle can be required by law to provide information as to the identity of the driver when the vehicle is involved in an alleged road traffic offence, and that this compromise is proportionate to the need to maintain road safety.

Therefore you can be required to name the driver of the vehicle at the time of an alleged offence and you can be punished if you don't. (s.172 RTA 1988 - 6 points and a hefty fine)

Myth 2

I have purchased a car and I haven't insured it because I am covered on my policy for my old car. My policy covers me to drive any vehicle owned by another person with their permission. I haven't registered the new car in my name yet so it is still owned by another person.

Wrong!!

If you have paid for the car, or part exchanged it for another and you have entered into a legally binding contract you own it. You don't have to be the registered keeper to be the owner of the car. Therefore you are not driving a car owned by another person and therefore you are not insured.

Myth 3

The police officer has made a mistake on the fixed penalty ticket so I can get away with it.

Wrong!!

We get lots of question from people who have spotted that there is a mistake on the fixed penalty ticket they have received from the police.

This can be in relation to a speeding matter, or a red traffic light offence, or contravening a traffic sign etc etc.

The question we get asked is whether or not the mistake on the ticket invalidates it..?

The answer is normally no !!

The fixed penalty ticket is an offer made by the police to allow you to get the matter over and done with in a quick and cost effective way.

The ticket is not a reflection of the evidence that the police have against you. Its just a summary of the offence and an indication that, if you so choose, you can deal with it by paying £60/£200 and getting 3/6 points on your licence.

The people I speak to normally argue that the ticket is defective because the police officer has put the wrong date of offence, or the wrong registration number for the vehicle, or slightly the wrong name, or maybe the wrong date of birth.

Remember - the ticket isn't the officer's evidence.

If you reject the ticket the officer will ask for a court summons to be issued and he will draft a formal statement outlining the offence in more detail. The officer is unlikely to make the same mistake on his statement and will take the details from his pocket notebook entry.

Now -  if you take issue with the offence itself, for example, you don't accept that you were speeding, or you don't accept that you contravened the traffic light then you should ask for a court hearing and contest the allegation.

The fact that the officer has made a mistake may help you to show the court that the officer is "slapdash" in his approach and therefore the rest of his evidence is unreliable....

But - you will not win the case simply by standing up in court, accepting that you committed the offence,  but pointing out that the officer made a mistake.

The officer's job at court is to prove beyond reasonable doubt that you committed the offence in question. If he can do that a mistake on the ticket will not save you.

Myth 4

Its a really low speed, if I ignore the NIP and the request to provide information the police wont bother to summons me to court....

Wrong!!

If the prosecution feel that they have reliable evidence that you committed a road traffic offence they will summons you to court.

Its a very dangerous game to simply ignore the request for driver identity because you will then make yourself for a seperate offence of failing to provide the driver identity and that carries 6 points and a hefty fine (normally around £700). The worst part is that you wont have a defence to that allegation if you simply ignored it!

Myth 5

If I get a request for driver identity in relation to an alleged road traffic offence and I name someone who lives abroad the police will just leave me alone.

Wrong!!

When you name someone who lives abroad or has moved abroad the police will nearly always assume that you are lying in order to try and avoid getting the points yourself.

They hear this argument day in and day out and there first response is to ask you to prove that the person in question was insured. If you cannot prove that they were they will threaten you with permitting someone to drive uninsured, which carries 6-8 points and a hefty fine.

If your response was genuine then you will have a defence if you can show the court that you gave permission on the express condition that the person concerned was insured. You will also be able to argue that the burden of proving that the person wasn't insured lies on the prosecution.

The moral of the story is always tell the truth when you get a NIP otherwise you will end up digging a deeper hole for yourself.

Myth 6

If I purchase a pack of letters online guaranteed to help me get away with a speeding offence they will be successful. The Police will decide not to take any further action against me.

Wrong!!

The Police will have seen all of these letters before. The fact that they are sold in bulk means that the Police will know that they are pro-forma's and that they do not actually apply to your case. You could get yourself into much serious trouble if the Police believe that you are attempting to pervert the course of justice by misleading them in your response to the Notice of Intended Prosecution. Please do not use these letters. They are not drafted by Solicitors. If they do not apply to the specific circumstances of your case then you could find yourself at risk of a prison sentence.

Myth 7

I have 9 points already. I am going to get my wife/husband to take the latest points for a new speeding matter. The Police will not investigate further.

Wrong!!

On occasions the Police will look into a case if you have named somebody other than yourself as being the driver and if you are 9 points already this may well cause alarm bells to start ringing with the Police and they may decide to investigate further. There was a case a few years ago where a vicar was imprisoned for 2 months for attempting to pervert the course of justice when he had 9 points on his licence and named his wife as the driver. The Police decided to interview his wife about the vicar's indication that she was driving at the time of the alleged offence. She confessed that in fact it was not her driving and that he had asked her to take the points. He was convicted of attempting to pervert the course of justice and sentenced to 2 months imprisonment. Do not do it! It is always better to stick to the truth. If you speak to us about your case we may be able to advise you on any defence's available to you or in the alternative advise you on whether or not you have got a good Exceptional Hardship argument. We have an 85% success rate in relation to mounting Exceptional Hardship arguments and will be more than happy to give you some initial free advice.

Don't take a chance with your court case, take charge of it...... Ask a FREE question without obligation and let us help to minimise your punishment..... TODAY!