Failure to Provide Driver ID Defence
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MS90 OFFENCES & CONVICTIONS AND MS90 APPEALS. FAILURE TO PROVIDE DRIVER DETAILS S172
An MS90 conviction is a result of being convicted in your absence and is generally connected to failing to provide information about who was driving a car when an offence was committed.
These days many traffic offences are detected by unmanned devices like speed cameras so the police need a way to force vehicle owners to provide details of who was driving at the time an offence was committed. This is done by posting a notice of intended prosecution to the vehicle owner.
Hundreds of thousands of notices of intended prosecution are issued by the police each year. Thousands of motorists find themselves appearing before the courts accused of failing to furnish the required information as to the identity of the driver who has been alleged to have committed a road traffic offence.
With over 40 years of experience in Road Traffic and Driving Law, Brian Koffman & Co. has an outstanding record in representing clients over motoring offences including MS90 offences. We have generally achieved a 96% positive result rate from the cases we take on.
If you face charges of failing to provide appropriate driver identification and are seeking expert advice and representation, Motoring Offence Solicitors offer the very best privately funded Motoring Offence Defence representation to clients in Manchester and across the whole of the UK.
Call our experienced and specialist team today on 0161 832 3852 or complete the enquiry form below.
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MS90 - WHAT TO DO?
If you become aware you have been convicted in your absence of a driving offence, including Failing to Furnish the identification of a driver – (MS90), you can apply to reopen the case. Your grounds for doing so would be that you never received the original proceedings.
To reopen the case, you must call the Courts & Tribunals Service Centre on 0300 303 0656 – and notify them.
They will take the relevant details and pass them to the Court which convicted you. That Court will then contact you to assist you in making a statutory declaration.
At some point, you will then be asked what your plea is to the offences, at which stage, we can provide advice and representation.
For any private client requiring professional legal advice or Court representation our fees are as follows:
- Price for an initial Telephone consultation with regards to plea: £100.00 + VAT
- Price for court representation: Minimum fee £1750-£2400 + VAT
If you have been charged with failing to furnish identification of the driver, call Motoring Offence Solicitors for the best privately funded driving offence legal; representation. We can then discuss your options, whether you are looking to defend the case entirely or plead guilty with a view to securing the lowest possible points or wanting to avoid a disqualification, we can help.
Motoring Offence Solicitors offer the very best privately funded legal representation to clients accused of mobile phone driving offences in Manchester and across the UK. Call our team today on 0161 832 3852 or complete the enquiry form above., at
WHAT IS FAILING TO FURNISH IDENTIFICATION?
Failing to furnish the identification of a driver is either not furnishing the information at all or not furnishing sufficient information.
A notice of intended prosecution will be initially sent to the registered keeper of a vehicle. They are obliged to either identify the driver or give such information to enable the police to identify the driver.
Failure to complete and return the notice within 28 days can lead to an MS90 conviction.
The most common cause of an MS90 offence is when the registered keeper of a vehicle changes their address and forgets to provide the new details to the DVLA.
The notice of intended prosecution is sent to the old address, the vehicle owner is unaware of the offence and does not respond in time, therefore an MS90 conviction is entered.
PENALTIES - IF YOU ARE CONVICTED OF AN MS90 DRIVING OFFENCE
For individuals, the sentence for an MS90 driving offence, if convicted, is a fine of up to £1,000 and either six penalty points or a disqualification. For a limited company, it is a monetary fine. The MS90 penalty point endorsement will stay on your Licence for the period of 4 years from the date of the offence.
If you are pleading guilty we can, in some circumstances, persuade the prosecution to allow you to plead guilty to the original road traffic offence rather than the failure to furnish offence, for which the penalty might be less than six points.
If you are convicted of failing to furnish and already have six or more points on your licence, you could be at risk of being disqualified if you have accumulated twelve or more points in total. This could lead to a driving disqualification of at least six months under the totting-up provision.
There are some options for making an MS90 appeal.
Among the defences which may be available for an MS90 conviction are:
- The notice or notices were never received
- The information was sent to the police
- There was no alleged traffic offence in the first place
- The notice of intended prosecution sent to the registered keeper was not served within the required period of fourteen days
- The notices were incorrectly addressed to the recipient
We have won many cases in the Magistrates’ Courts and the Crown Courts arguing exceptional hardship, as a result of which our clients either had their disqualification reduced or avoided disqualification altogether.
Please click on Exceptional Hardship for more information.
or Call 0161 832 3852
In some cases, there may be special reasons not to endorse a licence. This may include an offence committed as a result of you being misled.
if you are convicted of MS90 failing to furnish and already have six or more points on your licence, you could be at risk of being disqualified in you have accumulated twelve or more points in total. this could lead to disqualification of at least six months under the totting-up provisions.
We have won many cases in the Magistrates’ Courts and the crown Courts arguing special reasons, as a result of which our client either had their disqualification reduced or avoided disqualification altogether.
FAILURE TO PROVIDE DRIVER DETAILS (MS90 CONVICTION)
If you own or drive a vehicle said to have committed a motoring offence, the police, under Section 172 of the Road Traffic Act 1988, can request details of who was driving a vehicle on a given day or time.
If the police think that the driver of a vehicle is committing an offence they will send out a notice to the registered keeper or suspected driver. That notice is known as a section 172 notice or a requirement to provide details of the driver. The most common reasons for one of these requests is a speeding offence caught on camera, but the police do request them out for other offences such as using a mobile phone if when stopped by police at the roadside a person gives false information or for drivers who refused to stop.
It is an offence under section 172 Road Traffic Act 1988 not to reply to the notice.
The police may prosecute any person who was sent a notice if they:
- Do not reply within 28 days
- Do reply but don’t identify the driver
In most cases, the guidelines for failure to provide driver details will be six penalty points on a licence and a fine of up to £1000. In the case of a company, there are no penalty points.
If it is thought there is an attempt to provide false information the punishment may be more severe. Perverting the course of justice involves the risk of a prison sentence.
Failing to provide driver details can be complex and we would always recommend taking professional legal advice and representation before replying to a section 172 notice.
HOW WE CAN HELP
If you or your company have been charged with failing to provide driver details we can help. Our knowledge and expertise will ensure we reach the best possible outcome for you.
It is important to get specialist legal advice as soon as possible to give yourself the best chance of success in a fail furnish ID case. We have a long history of success in MS90 offences and can provide expert advice, assistance and representation.
Brian Koffman & Co are specialist motoring offence solicitors and have years of experience in handling cases like these.
CONTACT US TODAY
If you have been charged with any type of motoring offence you will need the knowledge, expertise and support of a solicitor who understands, we can help.
Please contact Brian Koffman & Co on 0161 832 3852 or submit an enquiry. We offer the best privately funded Motoring Law defence advice and representation.
WE FIND SOLUTIONS TO THE MOST CHALLENGING CASES
Find Out How We Can help You
They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely amazing value.
Thank you Brian and team.