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. Learn more

Failure to Furnish Driver Information

Q: 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. Learn more

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 expert lawyers 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.

What if I did not know about the proceedings?

If you only become aware of a failure to furnish conviction after the case has been dealt with in your absence, it may be possible to make a statutory declaration under section 14 of the Magistrates’ Courts Act 1980.

A statutory declaration confirms that you did not know about the summons or proceedings until after the court had begun dealing with the case. It should normally be served on the court within 21 days of the date on which you first became aware of the proceedings.

Where a valid statutory declaration is made and served within the required period, the summons or requisition and the subsequent proceedings become void. This does not necessarily prevent the underlying proceedings from being started again.

The court also has power to accept a statutory declaration after the 21-day period where it was not reasonable to expect it to have been served within that time. Legal advice should be obtained promptly once you become aware of a conviction entered in your absence.

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?

Section 172 of the Road Traffic Act 1988 allows the police to require information identifying the driver of a vehicle where an applicable road traffic offence is alleged. The person keeping the vehicle must provide the information they are required to give about the driver, while another person who receives a requirement must provide any information within their power that may lead to the driver being identified.

A section 172 requirement is often sent alongside a Notice of Intended Prosecution, but the two are legally distinct. The Notice of Intended Prosecution warns that prosecution for an alleged road traffic offence is being considered, while the section 172 notice creates the requirement to provide driver information.

Where a written section 172 notice is served, the information must normally be provided within 28 days beginning with the day on which the notice is served.

There are statutory protections in certain circumstances. A person keeping the vehicle may have a defence if they did not know and could not, with reasonable diligence, have identified the driver. The legislation also provides protection where the information was supplied as soon as reasonably practicable after the 28-day period or where it was not reasonably practicable to provide it.

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 - A section 172 offence carries a maximum fine of £1,000. Where the endorsement provisions apply, conviction ordinarily results in six penalty points, and the court also has discretion to impose a driving disqualification instead.
For a company - A company can itself be prosecuted for failing to comply with a section 172 requirement. A director, manager, secretary or similar officer is not automatically personally liable, but can also commit an offence where the company's failure was committed with their consent or connivance or was attributable to their neglect.

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. 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.

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