Successful s.172 Trial Where Driver, “Could Not Say Whether it was Him or His Wife Driving.

Millicent Dooher represented this driver at the Magistrates’ Court. The driver was charged with a speeding offence and one offence of failing to provide driver details under s.172. The driver contended that he could not identify who was driving: it was either himself or his wife. The Magistrates accepted that the driver did make out the defence under s.172(4), where he had made reasonable enquiries and been unable to identify the driver. As such they found the driver Not Guilty of the offence and costs were awarded to the driver.

The penalty for failing to provide driver information is 6 penalty points and a Band C fine.