Failing to identify summons: Photo does not prove driver. Is this a defence?FAQ
I have received a Summons for failing to identify driver, but the photo does not show/prove who was driving. Do I have a defence?
There is no obligation for photographic evidence to show who was driving. The purpose of the photograph is to identify the vehicle so it would normally focus on the number plate. The Police do not have to show who was driving. All the Police need to do is prove the identity of the vehicle and that they have asked the registered keeper to identify the driver at the time of the alleged offence. That request shifts the burden onto the keeper. An offence is committed if no driver identification is given unless you are able to provide a satisfactory explanation as to why it is impossible to establish the driver’s identity.