Failure to Produce Driving Licence

Failing to produce documents such as your driving licence, insurance certificate or other relevant documents when asked by the police is an offence that can come with a maximum fine of £5,000 and eight points on your driving licence. As such, if you have failed to produce required documents and have been accused of an offence as a result, you should seek legal advice urgently.

At JMW, our motoring law solicitors have years of experience in defending these charges and reducing penalties. From advising you on whether to plead guilty or defend the charge, to legal representation if you are asked to attend court, and presenting mitigating factors during sentencing, we can stand by you at all stages of the process and pursue the best possible outcome.

To get in touch with JMW's specialist motoring solicitors, simply call us on 0345 872 6666 or complete our online enquiry form and a member of our team will give you a call back.

What Is a "Failure to Produce Driving Documents" Charge?

Under the Road Traffic Act 1988, the police can require certain people (including drivers on a road, people believed to have been driving at the time of an accident or anyone suspected of a driving offence) to provide their driving licence and other key documents. They may be asked to give their name and address, or the name and address of the owner of the vehicle they were driving, and documents including evidence of insurance, an MOT test certificate and goods vehicle test certificates, where applicable.

If you are unable to prove the relevant documents on the spot, you must produce them at a police station within seven days. If you have been asked to present a driving licence, this will need to be done by you, in person. If you need to provide a certificate of insurance or an MOT certificate, this can be done by someone on your behalf, although all documents must be in your name and not anyone else's. You can also provide an electronic copy of certain documents, if the originals are not accessible. By not doing so, you commit a failure to produce driving documents offence and may be charged accordingly.

Meet Our Team of Driving Offences Solicitors

Our specialist motoring offence solicitors have helped many clients to make an application to have a driving ban removed.

What Are the Penalties for Failing to Produce Documents?

Failing to produce driving documents to the police is an offence that may seem fairly innocuous, but can bring with it a maximum fine of £5,000 and eight penalty points on your driving licence. The charge is about non-production, not necessarily about having no insurance, MOT or licence, and separate charges may also apply in these cases.

For example, if the documents are not produced because they did not exist or were invalid, separate substantive offences may also be considered, such as driving without insurance. Under the Road Traffic Act 1988, a vehicle may be seized where evidence of insurance is not produced and the officer has reasonable grounds to believe the vehicle is being driven without insurance.

The maximum fine for having no tax or MOT is £1,000, but no points will be put on your driving licence for this offence. An unlicensed driver can receive a fine of up to £1,000 and between three and six penalty points.

A number of penalties are possible if you are caught driving while disqualified, including:

• A prison sentence
• A curfew order
• Community service
• An unlimited fine
• Extension of the disqualification

The team at JMW has a wealth of experience in defending all of these allegations and can build a unified defence on your behalf.

Defending a Charge of Failing to Produce Relevant Documents

For a failure to produce driving documents charge, the best defence depends on exactly what document was requested and what the police say you failed to do. JMW will pursue any defence angle that applies and build the strongest possible case. Approaches that may be used in your defence include:

• Showing that you did produce the document within the required time, using a police station receipt or witness evidence from someone who was with you
• The police request was not legally valid. The law allows officers to require documents from certain categories of people: a person driving a motor vehicle on a road, or who is believed to have been driving at the time of an accident, or to have committed an offence involving use of a motor vehicle. A defence may arise if you were not the driver and there was no proper basis to believe you were, or if the request related to a document not covered by the charge.
• There were errors in police procedure. This could arise if you were charged under the wrong section of the Road Traffic Act 1988, or if the police did not clearly give you notice to produce the documents within seven days. Driving licence production is generally a section 164 issue, while MOT and insurance certificate production falls under section 165, and there may be a technical basis for a defence or to challenge the charge.
• You had a reasonable explanation for non-production. This is not always a complete defence by itself, but it can be important where the prosecution cannot prove wilful or actual failure to comply, or where police or their procedure caused the failure. This could arise if you attended the nominated station but the desk was closed, or the officer wrote the wrong station, date or details on the request. If you were hospitalised or otherwise genuinely unable to attend, this may be taken into account in mitigation.

Proving that the document existed and was valid at the relevant time, even if you did not produce it upon request, can persuade the prosecution that the case should be withdrawn or treated as a paperwork failure rather than a more serious offence. JMW will advise you of all of the available options and help you to determine a suitable approach to your defence.

What Happens in Court?

Cases of failing to produce driving documents are usually dealt with in the Magistrates’ Court. You will typically receive a Single Justice Procedure Notice, which means that a magistrate will deal with the case on paper without you needing to attend court. You usually have 21 days from the date on the notice to respond, and if you plead guilty, you will receive your penalty. If you wish to challenge the allegation, you must plead not guilty and a court date will be set. In serious cases, you may receive a court summons directly.

Your solicitor will explain your options based on the evidence we have gathered and the likely outcomes of each, so you can feel confident in making decisions. If your case goes to court, there will be an initial hearing to confirm your identity, take your plea, and decide next steps. If you have been summoned to court directly and plead guilty, the court may sentence you there and then. If you plead not guilty, the court will set a trial date and give directions, such as requiring the prosecution to serve evidence and requiring you to identify the issues in dispute.

At trial, the prosecution may rely on the police officer’s statement, the producer notice, police station records, and any DVLA, MOT or insurance checks. You can give evidence and produce documents showing that you complied or that the charge is wrong. Your solicitor will also present mitigating circumstances that can reduce your sentence if the court deems it appropriate.

How JMW Defends Failure to Produce Documents Cases

At JMW, our motoring law specialists provide expert legal advice to those facing allegations of failing to produce driving documents. We have the skill and experience to minimise your chances of a court sanction, and to deliver the best possible outcome from your case.

As a partner-led team with a strong track record of success, JMW's motoring offences specialists can provide expert guidance so that you are not penalised any more than is absolutely necessary. We will support you throughout your case, from beginning to end.

In cases where there is commercial use of the vehicle, usually the employer is responsible for insuring it. This means it is the company or proprietor that can be liable for prosecution, as well as the employee. We can assist all parties in these circumstances and deliver a fair resolution for everyone.