Despite what some legal advisers may say, ignoring an NIP, a notice of intended prosecution, or a request for driver’s details following motoring offences is not a good idea. In the past, the penalty for not providing these details was a fixed penalty of 3 points. However, this changed in 2007.
Prior to the change in law for speeding traffic offences, ignoring an NIP was seen as a good strategy. If a driver was caught speeding, for example, at 100 mph where a limit of 60 mph was in place, returning the details to the police could actually result in a much harsher punishment.
However, after 2007 the penalty was raised to 6 points, meaning there is no advantage in failing to respond when dealing with a speeding offence.
Today, speeding solicitors are still inundated with enquiries from people falsely believing that ignoring an NIP is a positive approach. Contrary, this can now be deemed as perverting the course of justice and the possible consequences are serious.
There are also many misconceptions regarding whether a driver, accused of speeding traffic offences, is permitted to view the photographic evidence taken at the time of the driving offences. The misconception goes on that if the image is unclear, this will exonerate the driver from the charges. This is not the case, unless the owner of the vehicle can provide a watertight defence to say that, in accordance with the Road Act 1988, they could not know who the driver of the vehicle was at the time of the offence.
For this reason, it is imperative that a driver accused of these types of traffic offences gets in touch with an expert motoring lawyer. There are no quick fix guarantees to stop a summons being issued by withholding information.
At Cunninghams Solicitors, we can ensure you get the best defence and best outcome for your case.