Failing to name the driver
section 172 failing to name the driver.
I am in serious need of a solicitor because I am being tried for failing to provide driver details for a several speeding offences which occured in 2009 and for which I received FP's which all have been paid. However I lost my job and house which resulted in me living on the streets for a while and not getting the summon to appear in court so the court now has prosecuted me for not providing driver details. I recieved a note for an arrest warrant and contacted the Enforcement Officer who gave me a new date for the 26th of March 2010. I went in and the court was adjourned because I said I never received the notice because I was on the streets. My new date is 29th of April 2010. I dont know what to do! Please help!
I am a solicitor and I can help you with these matters. You have a defence under s.172(7)b) RTA 1988 if you were unaware of the request for information and they were sent somewhere you were not living...?
This section states that you have a defence if you can show that it was not reasonably practicable for you to supply the information. If you didn't receive the request in the first place then it cannot be reasonably practicable for you to supply the information.
I defend over 95% of these allegations and will be happy to assist further if you want my help. How many allegations do you face? If there are two or more then you are at risk of a ban for 6 months under the totting up rules. You have a good defence and we maybe able to get the prosecution to withdrawn these allegations without the need for a trial.