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Failure to Identify Driver

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The motoring team at David Gray is fully operational and working from home to help and advise you. We are contactable by telephone, email and video conference. Please contact us on 0191 232 9547.


Our driving offence solicitors are experts in road traffic or motoring offences. We are based in Newcastle upon Tyne and South Shields, and offer representation throughout the North East. ‘Failing to identify driver’ offences are often dealt with now at Gateshead Magistrates court. Our solicitors have many years experience and are best ranked in the North East.

Section 172 of Road Traffic Act

Failure to identify the driver of a vehicle when required is an offence for which you can receive a minimum of 6 penalty points or even face disqualification. This offence is part of Section 172 of the Road Traffic Act and comes about when the registered keeper of a vehicle or any other person does not provide details of who was driving at the time of an offence.

Responding to a “failure to identify driver” Notice

If you or your company or business has received a Notice, you are required by law to respond within 28 days. If you require advice at this early stage, contact us to speak to a specialist solicitor.  We often have to advise people who have been charged after relying on incorrect advice from friends or internet forums.

If you receive a Single Justice Procedure Notice or Postal Requisition to attend court, you should seek specialist advice as soon as possible. We may be able to attend early hearings on your behalf and avoid the requirement of attending yourself. We are specialists in conducting trials in this complex area of law.

We understand the importance of your driving licence – whether you wish to challenge the charge, or reduce the number of penalty points or avoid disqualification, contact us for further advice.

Failure to identify driver – totting up and exceptional hardship

If you receive 12 or more penalty points within a three year period, you should be disqualified under the Totting Up system. However, you can avoid disqualification if you prove you would suffer “exceptional hardship“.

Our specialist solicitors will prepare you properly for this court hearing and provide expert representation. If your driving licence is important to you, get the best advice and representation BEFORE you go to court.

Our Fees

In accordance with rules published by the SRA, as of December 2018 all firms offering this type of work must publish details of prices and personnel undertaking the work.  Please see our dedicated fees page for more information.

The team specialising in this area of work

  • Solicitor
  • Solicitor
  • Solicitor
  • Solicitor
  • Legal Assistant
  • Legal Assistant