Legal Wizard

Driver Identity

For the majority of road traffic offences (speeding in particular), the whole system revolves around the honesty and willingness of the registered keeper of the vehicle (who will receive a request for such information) to “own up” as to the identity of the driver. This can be particularly interesting if, at the time of the alleged offence, the car was hired or a company car where the registered keeper was merely a titular body.
Following the European Convention on Human Rights and the Human Rights Act, it was thought that being forced to answer these questions was a contravention amounting to self incrimination. This is currently not the case, but watch this space since we understand that there are some cases in the pipeline.
A request for information is often sent out with a Notice of Intended Prosecution. Before replying, think and consider the wording of the documents very carefully. If necessary have a word with the Bikers Advice Helpline. If you are going to “own up” one tactic is to do so “without prejudice to my human rights – and the right to defend myself on that basis”.