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Full Version: What's the punishemnt for not providing the name of driver?
FightBack Forums > Queries > Speeding and other Criminal Offences
seylectric
A colleague of mine has been "caught" by a laser gun in Scotland, travelling at over 100 mph at 3am on an empty motorway (I'm not condoning it by the way, but that is not the point of the post).

He will presumably lose his licence if convicted, but what if he doesn't name the driver? A hefty fine but no penalty points? (or not enough to lose his licence?). He currently has three points for a non-speeding offence.

Also, the offence was Nov 12th last year. He is due in court on May 19th. I thought that a prosecution had to be made within 6 months, the gap between the two dates is 29 weeks i.e. over 6 months, though the police could not contact him for the first two months because he works abroad (he was on his way to the airport at the time of the alleged offence, but there were three people in the car, all of whom shared the driving and nobody is actually sure who was driving at the time).
whittr01
Even if he doesn't name the driver, they might still attempt to prosecute him for speeding (although it would probably fail if he pleaded not guilty).

S172 for failing to identify will still get points on his licence but maybe not a ban ?

The six month limit is from the offence to the matters being laid before the court not the actual prosecution date.

You say there is a trial date so what did he reply to the original NIP ?

He could get off completely if he can show due diligence in attempting to identify the driver - but that is unlikely if he hasn't done anything at all up to now to attempt identification.
jeffreyarcher
QUOTE (whittr01)
The six month limit is from the offence to the matters being laid before the court not the actual prosecution date.

Not in Scotland. AIUI, proceedings must be commenced; i.e. at least the plea entering session.
seylectric
QUOTE
The six month limit is from the offence to the matters being laid before the court not the actual prosecution date.

Not in Scotland. AIUI, proceedings must be commenced; i.e. at least the plea entering session.


That's what I have been led to believe, and the 1st court date is definately over 6 months form the date of the offence as alleged.

He has not completed the NIP but has sent a letter stating that he is unable to name the driver for the reasons stated, to which he has not yet recieved a reply other than the court summons itself. Any further advice appreciated.
Rosewell
My understanding is that failing to provide is 3 points.*

100+ is often a ban.

No contest.

They will probably want to do your friend for both speeding and S172 through if he continues to 'fail to provide.'

I'd go not guilty on the speeding and guilty on the S172. Ok so you get 3 points and a fine but you get to keep your licence to put the points on.

*I have to add the rider that this is English Law. I am not up on Scotish Law.
The Rookie
as its an S172, then the 6 months (even north of the wall) must surely start 28 days after the NIP was issued (when the offence was commited, so about 6 weeks after the actual 'speeding' offence......totaling about 7 months and 14 days from the date of the 'speeding' offence.....

Simon
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