Failure to Furnish Driver Information Motoring Solicitors
Failing to Furnish information concerning a driver's identity is an MS90 motoring offence.
This offence can cause significant penalties, including fines, points on your licence, and even a driving ban. If you are facing an MS90 charge, it is crucial to speak to an experienced solicitor. At Draycott Browne, we have years of experience in these matters and can help you present a comprehensive defence that can minimise or eliminate the charges you may be facing.
We understand that facing an MS90 charge can be a challenging and stressful experience. Our team of Motoring Offence Solicitors is dedicated to guiding you through every step of the legal process, from the initial interview to court proceedings, if required.
For the best privately funded legal representation for driving offences contact Draycott Browne today.
You can reach us by phone using the number at the top of this page, or fill out the contact form on our website. Our team of highly trained solicitors will be in touch to discuss your case and provide you with the support and guidance you need.
Our goal is to minimise or eliminate the impact of an MS90 conviction on your life. We will explore all available options, including negotiating with the prosecution, presenting compelling evidence in court, and, if necessary, appealing the decision.
Don't hesitate to contact Draycott Browne today. Let our experienced motoring offence solicitors help you navigate the legal process and achieve the best possible outcome for your MS90 case.
Can I appeal an MS90 conviction?
If you become aware that you have been convicted of Failure to Furnish Driver Identification offence (MS90), you can apply to reopen the case, on the grounds of never having received the original proceedings.
To initiate the process of reopening the case, you must contact the Courts & Tribunals Service Centre by phone on 0300 303 0656. When you call, you will be asked to provide relevant details, such as your name, date of birth, and the offence you were convicted of. The service centre will then forward this information to the court that convicted you.
Once the court receives your details, it will contact you to assist you in making a statutory declaration. A statutory declaration is a formal statement that you sign and swear to be true. In the declaration, you will need to confirm that you never received the original proceedings and that you wish to reopen the case.
After submitting the statutory declaration, you will be asked to enter a plea to the offences. At this stage, you will need to seek legal advice and representation. Our experienced Failure to Furnish Solicitors can guide you through the process and ensure that your rights are protected, and represent you in court if necessary.
It's important to act promptly if you become aware of a conviction in your absence. There are strict time limits for reopening cases, and failing to meet these deadlines may result in your application being dismissed. By taking timely action, you can have the opportunity to challenge the conviction and potentially have it overturned.
How can Draycott Browne help?
At Draycott Browne, we understand the immense stress and anxiety individuals face when confronted with motoring offence charges. Our goal is to provide the best privately funded criminal defence service possible, offering comprehensive guidance and advice throughout the legal process.
Our experienced MS90 Solicitors, highly specialised in motoring offences, will craft a robust defence strategy to represent you effectively in court. Our proven track record of successfully defending clients, helping them avoid convictions and disqualifications, stands as a testament to our expertise.
When you entrust your case to one of our dedicated Motoring Offence Solicitors, rest assured that a team of exceptionally skilled legal professionals will work tirelessly on your behalf. Our solicitors are renowned for their proactive and robust approach, leaving no stone unturned in pursuing every avenue to protect your rights and interests.
What is failure to furnish?
Due to the prevalence of traffic cameras, law enforcement may not know who was driving during a driving offence. In such cases, a Notice of Intended Prosecution will be sent to the vehicle's owner requesting full information about the driver. This notice serves as a formal request for full information about the driver at the time of the offence.
Failing to comply with the NIP within the stipulated timeframe can result in a conviction under Section 172 of the Road Traffic Act 1988, commonly known as an MS90 conviction. This offence carries significant consequences, including potential fines and penalty points on the driver's license. In many cases, the penalties associated with an MS90 conviction can be more severe than the original driving offence itself.
There are two main scenarios that typically lead to an MS90 conviction:
- Failure to Reply: If the registered owner does not respond to the NIP within 28 days of its issuance.
- Incorrect Identification: Even if the registered owner responds to the NIP, providing incorrect or incomplete information about the driver can still lead to an MS90 conviction.
To ensure compliance and avoid an MS90 conviction, vehicle owners should promptly respond to NIPs within the specified timeframe. Providing accurate and complete information about the driver is essential to mitigate the risk of legal repercussions and protect their driving record.
What is failing to furnish identification?
Failing to furnish the identification of the driver of an alleged motoring offence comes under Section 172 of the Road Traffic Act and falls into two main groups:
- Failing to furnish the information at all
- Failing to provide sufficient details of the driver
If you have changed address you may not even be aware of the Notice or even the MS90 conviction if you have moved from the registered address.
What is the penalty for failure to furnish?
If found Guilty of Failure to Furnish, you will be convicted with a MS90 Conviction.
Failure to provide driver information is serious and fines are large. The penalties are as follows:
- For individuals - the penalty for an MS90 offence is a fine of up to £1,000 and either six penalty points or a disqualification.
- For a company - 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 driver details. Again, a fine of up to £1000 would apply but there would be no penalty points.
We have an expert team of Driving Offence Solicitors who can listen to your case and advise you on the best way to proceed.
Contact our Failure to Furnish Solicitors
If you are being prosecuted for a driving offence, it is essential to find the best possible criminal defence representation. Even a minor offence can lead to disqualification under the totting up procedure. Our assistance is available to you.
Our Motoring Offence Specialists are part of our wider, and nationally recognised firm of expert Criminal Solicitors in Manchester. Our legal team has earned a great reputation and is known for delivering consistently outstanding outcomes. Our lawyers who specialise in Motoring Offences have exceptional technical knowledge and expertise, ensuring that you receive the quality legal representation that you deserve. We are authorised and regulated by the Solicitors Regulation Authority.
We are one of the Top Criminal Defense Law Firms in the country and we are committed to working tirelessly on your behalf. We take great pride in our dedication and professionalism and are committed to achieving the best results possible for our clients.
When it comes to your licence or freedom, settling for anything less than the top-notch legal representation provided by Draycott Browne is not an option. If you or a loved one are seeking first-class legal advice and representation from experienced Motoring Offence Solicitors, call us today on the number seen at the top of this page.