Failed to change name and Address on license

[Roonboy]

Hi

My wife and I were married 5 years ago and, through not realising it was an offence, she didn't change her name and address details on her driving licence.

She was pulled over a couple of weeks ago for ignoring a no entry sign. Her mitigating circumstance was an 18 month old child potty training, a dark night and an unfamiliar road. She initially gave the name she knew was on her licence, but when pressed for id she handed over a bank card with her new surname on it. She had to confess then and there that she hadn't got round to changing her details, and the police officer was in no mood to offer leniancy and she has recieved a summons for both offences.

1. The summons seems to have an error on it as the section quoted for the failure to change name/address offence is "Contrary to section 99(5) of the Road Traffic Act", which leads me to some sort of Tachometer offence (on the internet anyway ) Would this Have a factor on any prosecution?

2. I have read about time limits relating to traffic charges in section 99 of the Road Traffic Act, and wondered if the offence for the failure to change name and address had been commited over 3 years ago in the eyes of the law, and if so would this stop a prosecution taking place?

3. My wife has a clean licence, what would your opinion be on the likely punishment for such an offence with these mitigating factors if pleading guilty by post?

4. What would your reccommended course of action be?

Thanks in advance for your help.

Regards

Aaron.

 

[SeanJoyceStephensons]

1) The correct section of the statute has been quoted on the summons. No mistake has been made.

2) I think that the court are likely to regard this as a continuing offence. Therefore the offence was still being committed at the time she was stopped. I do not think you have a time limit argument.

3) Fine only for failing to notify DVLA of change of name, but no points. Fine and 3 points for Failing to Observe a Traffic sign.

If she admits both offences then she has the choice of going to court and representing herself, paying a solicitor to represent her or pleading guilty by post. Legal Aid and the Duty Solicitor Scheme are not available for these sorts of offences.