Failure to Furnish ID

An MS90 conviction is the result of failing to provide information about who was driving the 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.

If you have been charged with failing to furnish identification of the driver – an MS90 offence – call us for a free no obligation discussion about your options.  Whether you are looking to defend the case entirely or pleading guilty with a view to securing the lowest possible points or wanting to avoid a disqualification, we can help. 

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 response in time, therefore an MS90 conviction is entered.

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 fine. The MS90 penaly 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 disqualification of at least six months under the totting-up provisions. 

There are some options for making an MS90 appeal. Among the defences which may be available for an MS90 conviction are:  

    1. The notice or notices were never received
    2. The information was sent to the police
    3. There was no alleged traffic offence in the first place
    4. The notice of intended prosecution sent to the registered keeper was not served within the required period of fourteen days
    5. 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 all together.

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 a 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 all together.  

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:

    1. Do not reply within 28 days
    2. Do reply but don’t identify the driver

If the vehicle is owned by a company and the driver details are not provided by the business the company directors may be required to provide the details. 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.

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.  

WHY BRITON SOLICITORS?

Briton Solicitors are highly experienced team of solicitors in the heart of London. We will always be happy to assist you and answer any of your queries every step of the way. We provide tailored and unique advice to each of our clients. We make sure you are well informed of every aspect of your case and time frames where possible.

*This is subject to entering into a CFA agreement in accordance with our policy and complying with your responsibilities under the agreement.

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