Providing Incorrect Driver Details to Avoid Penalty Points and Perverting the Course of Justice

Avoiding penalty points on your driving record can be tempting, but providing incorrect driver details is not only illegal but falls under the serious criminal offence of perverting the course of justice (PCJ). While dodging a minor traffic penalty may seem appealing in the short term, the long term consequences are significantly more serious and can lead to being charged with PCJ which can only be dealt with by the crown court.

Definition of Perverting the Course of Justice

Perverting the course of justice is defined as any act that:

• Intentionally obstructs or prevents the lawful course of justice.
• Misleads or interferes with investigations or court proceedings.

How Providing False Driver Details Perverts the Course of Justice

When a driver provides false details about who was behind the wheel, they are directly obstructing the course of justice in the following ways:

• Misleading authorities: By giving false information, the driver is intentionally misleading the police, courts, or the relevant authorities tasked with issuing penalty points. This action is designed to prevent them from properly enforcing the law.
• Frustrating investigations: If the police pursue the named individual (who was not driving), they are wasting time and resources investigating an innocent party.
• Obstructing the application of penalties: By avoiding the penalty points, the offender is obstructing the fair application of justice. Penalty points are part of the legal system to encourage safer driving and avoiding them undermines this process.

Consequences of Perverting the Course of Justice

Unlike the original traffic offence, which may have resulted in a small fine and penalty points, perverting the course of justice can result in a criminal record, more substantial fines and even imprisonment.

Will I get caught?

Modern technology and coordinated efforts between agencies make it increasingly difficult to get away with providing false details. Automatic Number Plate Recognition (ANPR) cameras can track vehicles and confirm who was driving at the time of an offence.

How can Johnson Astills assist?

If you find yourself facing an allegation of PCJ or any other motoring offence it is vital to contact a solicitor as soon as possible to obtain expert legal advice.

Johnson Astills are experts in criminal law and motoring offences, and are able to assist 24 hours of the day at the police station. Our specialist advocates in the Criminal Defence Team are highly experienced in dealing with driving offences at both the Magistrates’ and Crown Court. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.

To discuss any motoring offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team will be in touch.