For many people, the first time that they are aware that they are accused of committing a moving road traffic offence is when they receive the Notice of Intended Prosecution from the police, often in respect of an allegation of speeding.
These notices are sent to the registered keeper of a vehicle within 14 days of the date of the alleged offence, and create a legal requirement for the registered keeper to provide the name and details of the person that was driving the vehicle at the time of the alleged offence. Failure to provide the information within the specified time limit can result in a vehicles owner being summonsed for two separate offences, being the original alleged speeding offence as well as an offence of failing to provide the drivers details, contrary to s172 of the Road Traffic Act 1988.
An offence contrary to s172 carries a sentence including 6 penalty points to be endorsed upon the registered keepers licence, which is usually a more severe sentence than would be received for the original speeding offence (which can carry as few as 3 penalty points or even be dealt with by way of an offer of attendance on a speed awareness course).
If you receive a Notice of Intended Prosecution you should not be tempted to deliberately provide the details of someone else who may suggest that they were willing to “take the points” as if discovered this can result in an immediate custodial sentence being received by both parties as recent high profile cases have highlighted.
If you have received a notice of intended prosecution and either do not know who was driving your vehicle at the time of the offence, or alternatively already have penalty points endorsed upon your licence, we would advise you to contact a solicitor for advice. We will then be able to ensure that your licence is not at risk under the “totting up” provisions of the 1988 Road Traffic Offenders Act, which are activated when a defendant acquires 12 or more active points on their licence.