I came across a website this week that frankly scared me.
He sent me this from a website run by a non solicitor –
Take the matter to court. Plead not guilty. The prosecution will outline its case and state that contrary to Section so and so of the Road Traffic Act 1988 you failed to supply such information etc. etc. After they have confirmed with their witness that you did not complete the form they will rest their case. You defence is simple. You state that supplying the required information is tantamount to a confession, and you are not obliged to confess to anything under the rule of Self incrimination. Threatening you with penalties if you do not confess is coercion and is therefore illegal. You can then rest your defence. If you are convicted of failing to supply the information inform the court you intend to appeal.
I wouldn’t bother with a solicitor, they will only cost you money.
This is so wrong and dangerous. It is talking about a situation that was changed over 5 years ago. It was thought for a very short period of time that you could refuse to give your name in response to a request attached to a Notice of Intended Prosecution. This was cleared up by the court and it is now law that if you do not give the name of the driver without reasonable cause (i.e. you do not know and cannot find out who was driving) then you are guilty of an offence of failing to disclose. This carries 6 points not the 3 for speeding.
I don’t know how many drivers have followed this advice and got themselves into a big mess.
Let me make it clear. The words above in red are WRONG, WRONG, WRONG and dangerous. They highlight why you should not trust non lawyers to give legal advice, it’s like letting your mate down the pub operate on your kidneys.
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