Failure to Identify

Charged with Failure to Identify? Find out more about how we can help with your case below



Our Specialist Road Traffic Lawyer is available 24/7 on 0141 465 3333

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With advances in modern technology and it’s increasing use on Scotland’s roads drivers are now regularly receiving letters from Police Scotland in relation to road traffic offences, particularly speeding offences or a failure to stop at a red traffic signal.

These letters are what are known as a Notice of Intended Prosecution. A NIP is a document which is served on the registered keeper or a driver identified by the registered keeper of a vehicle. The letter requires the recipient under Section 172 of the Road Traffic Act 1988 to identify the driver of the vehicle at the time of the alleged offence within 28 days. It’s sole purpose is simply to identify the driver of the vehicle nothing else.

The Penalties of Failing to Identify

The penalties for failing to provide the identity of a driver within the specified time period are as follows:-

  • Between 5-10 penalty points
  • Discretionary disqualification

With such serious consequences for failing to identify a driver it is of critical importance that you take the step necessary step to protect your driving licence by contacting our specialist.

We appreciate that in relation to company vehicles or cars used by various members of the family that it is not always possible to recall who was driving a specific vehicle on a specific date and time. If you receive a Notice of Intended Prosecution and you find yourself in this situation then unfortunately you will most likely be prosecuted. However, If you are able to demonstrate that you carried out due diligence in attempting to identify the driver then you may have a defence.

So if you have received a Notice of Intended Prosecution contact us immediately for free advice from our expert road traffic lawyer. We will guide you through this minefield, clarify your situation and the options available to you and use our extensive experience, expertise and knowledge of the most recent case law to ensure you get the right outcome.

Let us simplify the situation for you and give you peace of mind, contact us now for award winning legal representation, call 0141 465 3333 Now!


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