Failing to name the driver
s.172 request not my car involved!
My wife has twice been sent a form to provide the name of driver for an alleged fail to stop following an accident. However the car was not on the road that night. The person making the allegation has obtained our number as a suitable scapegoat some time later (our car has old dents). Her defense is not covered in the statutory ones, what should she do?
Answer:
The prosecution have to prove that your wife's car was actually involved in the alleged offence before the burden passes to your wife to defend herself. They have to prove this beyond reasonable doubt! It doesn't matter that none of the statutory defence apply in the circumstances of this case.
I will be happy to help you further. You need to return to the police and explain that your wife's car was not involved and therefore the answer is that no one was driving the car at the time of the alleged offence.
Come back to me if the police indicate they are going to summons your wife for failing to name the driver and I may be able to dissuade them from doing so.