Debbie Viner first approached Forrest Williams when she received a summons for a charge of failing to notify driver’s details, which related to a minor speeding offence.
Debbie told us that when she received the notice of intended prosecution (NIP) paperwork several months ago, she had replied immediately with the response that the driver on the date in question could have been either herself or her husband. The road mentioned on the NIP was one they both travelled regularly, and they both shared use of the same car. She had, she told us, made all reasonable checks to try and find out who the driver was, but had drawn a blank.
Debbie told us that she was not willing to nominate a driver, without being sure of the identity, as there had been several high-profile cases in the news recently where it had become clear that the person nominated was not actually the driver on the date in question.
Forrest Williams agreed to liaise with the authorities on Debbie’s behalf, setting out her case and detailing the steps she had taken to try and identify the driver. In fact, Debbie had contacted the police on several occasions with a request for photographic evidence, in the hope that this might help her to identify the driver. No reply was ever received.
After a protracted period of liaison that saw a not guilty plea entered, and the trial date approaching rapidly, a decision was finally taken by a Senior Crown Prosecutor at the Crown Prosecution Service to discontinue the charge on the basis of lack of evidence.
It should be noted that the decision to discontinue was made just three days before the trial was due to be heard.
Although a little too close for comfort, a late decision is not unusual when liaising with the CPS. Forrest Williams have much experience of how to conduct these negotiations and would therefore encourage anyone worried about a charge of failing to notify driver’s details to contact them immediately on 01623 600645. It may be possible to argue your case and avoid the need for additional fees as a result of attendance at court.
Debbie was overjoyed about the outcome and said she would recommend the services of Forrest Williams to anyone in a similar position. She said she would not have had the confidence to liaise with the authorities, or known who to contact. As this particular example shows, negotiations can escalate from conversations with the police to the senior ranks of the CPS before a decision is made. Having the confidence and professional skills to liaise at this level are key to getting the best outcome.
If you have been charged with failing to disclose driver’s details, call our expert team now on 01623 397200 for a free review of your case.
Tags: case studies