Ignoring an NIP is no longer an option

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by: William Hoffman
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Word Count: 324
Date: Tue, 31 Jan 2012 Time: 11:06 AM

Choosing to ignore a notice of intended prosecution (NIP) is not a great course of action and the same applies to ignoring a request for driver’s details when facing possible driving offences. It used to be case that 3 points could be issued if details were not provided. This meant if a driver had been caught driving at 100mph in an area with a 60mph limit opting to ignore the notice was a better option. However in 2007 this changed when the penalty for failing to provide the identity of the driver was increased to 6 points, making it pointless not to cooperate over these traffic offences.

Speeding solicitors still receive many enquiries from people who believe that ignoring an NIP or a request for the driver’s details is still a valid option. It is also a common misconception that a driver is entitled to see any photographic evidence of traffic offences committed and if the picture does not show them driving clearly they cannot be prosecuted. Although the photographic evidence may be unclear this does not mean that driver’s details need not be presented. Failure to do so will still lead to motoring offences. Speeding solicitors may be able to establish that a driver ‘did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was’ as stated in the Road Traffic Act 1988 making it imperative that legal advice is sought quickly on this issue.

Motoring solicitors who claim they can offer a quick fix and stop a Court summons in these circumstances is not being truthful. There are no ‘get off letters’ available to stop traffic offences being charged in these circumstances and only reputable, highly trained legal professionals specialising in driving offences can help in these situations. At Cunningham Solicitors we offer a wide range of legal services for all traffic offences.

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