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MS90 Conviction: Here’s What You Need To Know
Finding an MS90 conviction on your driving license can feel alarming, especially if you were unaware that it had been applied. You’ll probably be wondering how the MS90 conviction could have come about and what you should do about it now.
In this article, we’ll tell you everything that you need to know about an MS90 conviction, from possible causes of the conviction to how you can appeal MS90.
When you discover that you’ve received an MS90 conviction, you might wonder what you should do next. How you’ll deal with an MS90 conviction will depend on the offence that led to the conviction and whether you wish to appeal it.
Before deciding on a course of action, it’s best to consult with an experienced motoring offences solicitor. They will be able to talk you through the possible options and give you an indication of your chances of success should you choose to appeal.
Read on to learn everything you need to know about MS90 convictions.
In today’s modern world, most road traffic offences are picked up by traffic cameras. This often leaves the police wondering who was driving the vehicle at the time of the alleged offence. Sometimes they will have a photo of the driver from the camera, but other times they may just have a picture of the vehicle itself.
If a road traffic offence is committed, you’ll receive a Notice of Intended Prosecution from the police, requesting details of the driver at the time of the alleged offence. This request falls under Section 172 of the Road Traffic Act 1988. As the registered keeper of the vehicle, you are legally responsible for providing details of the liable driver.
If you fail to provide details of a driver at the time of an alleged road traffic offence, you could receive an MS90 conviction, which often incurs harsher penalties than the original offence itself.
An MS90 conviction can be given if a driver doesn’t reply to a Notice of Intended Prosecution within 28 days or if they do reply but are not able to correctly identify the driver.
One of the most common reasons for an MS90 conviction is a change of address or a change in the registered keeper of the vehicle. This leads to an MS90 conviction being given and the registered keeper being unaware.
If you notice an MS90 conviction on your driving license, this means that you have been convicted in your absence of a motoring offence.
An MS90 conviction is given when a registered keeper of a vehicle (or any other person requested to do so) fails to provide information about who was driving a vehicle on a given date and time under Section 172 of the Road Traffic Act 1988. This can follow a number of road traffic offences such as:
The penalties of an MS90 conviction will usually be more severe than the penalties for the original motoring offence itself. For this reason, it’s always best to respond to the Section 172 request in the first instance and avoid MS90 conviction if possible.
Section 172 of the Road Traffic Act 1988 requires registered keepers of a vehicle (and other persons to whom a request is made) to identify the driver of the vehicle on a specific date and time if requested by police. This information may be requested if your vehicle has been involved in a motoring offence.
If you fail to provide this information when requested, or if you fail to provide sufficient details of the driver, you could receive an MS90 conviction for failing to furnish identification.
When you move house or change address, it’s important to update the address on your driving license and your vehicle’s logbook (V5C). If you haven’t updated your address, it’s possible that a Section 172 request may go to your old address and you could be unaware of an MS90 conviction until you see it on your driving license.
The potential penalties of an MS90 conviction are usually significantly more severe than the penalty for the original conviction itself. For individuals who are convicted of an MS90 offence, the maximum fine is £1,000, along with either six penalty points or a driving disqualification.
If a vehicle owned by a limited company is involved in a road traffic offence, the business owners may be asked to provide driver details. An MS90 conviction in this case would be subject to a fine of up to £1,000, although no penalty points will be endorsed.
An experienced motor offence solicitor can prepare a strong defence case. Whether you’re hoping to convince the court to find you not guilty of the offence or are planning to admit a mistake and plead guilty, a strong defence case can give you the best chance of receiving a reduced penalty or even having your case overturned.
If you receive an MS90 conviction, the six penalty points that you receive will remain on your driving license for four years from the date of the offence. However, if you already have six or more points on your driving license, you will be at risk of being disqualified from driving for at least six months.
A MS90 conviction can be appealed, but it isn’t always straight forward. If you didn’t know about your conviction and sentence you will need to made a Statutory Declaration within 21 days of finding out about the conviction or if you were aware of the proceedings but forgot about your hearing you may need to ask the court to re-open the case.
Once your case has been re-started you may then seek to defend the case against or in some cases may be able to negotiate with the prosecution for a lesser offence.
Defences for an MS90 appeal include:
Appealing an MS90 conviction isn’t always easy, so it’s best to have an experienced motoring offence solicitor on your side. A road traffic law expert lawyer will be able to prepare a strong defence case for your appeal, giving you the best possible chance of overturning your conviction.
Many motorists wonder whether having an MS90 conviction will affect their car insurance premiums. Having an MS90 conviction on your driving license is likely to increase your insurance premiums. This is because insurers consider motorists with endorsements to be an increased risk, so charge them a higher premium.
The only criminal offences that will be added to a criminal record are those which are classified as “recordable offences”. These are generally the offences for which you can be sent to prison. The rules for this are set out in section 27 of the Police and Criminal Evidence Act 1984 and The National Police Records (Recordable Offences) Regulations 2000.
Although failing to provide driver details is a motoring offence, an MS90 endorsement is not a criminal conviction. This means that it will not show up on a criminal record and you cannot be imprisoned for this offence.
If you discover that you’ve been given an MS90 conviction for accidental non-furnishing of driver details, the first step is to contact your local Magistrates’ Court to make a Statutory Declaration that you were unaware of the conviction.
An experienced motor offence solicitor can talk you through the possible defence options to get an MS90 conviction overturned. This will return the court’s attention to the original traffic offence, which we can then help you to deal with.
If you choose to plead guilty to an MS90 offence, we may be able to convince the courts to allow you to plead guilty to the original motoring offence, rather than the failure to furnish offence, or to reduce the penalties that you are awarded.
At Caddick Davies, we can talk you through the options for your MS90 conviction, helping you to make an informed decision on the next steps in dealing with your conviction. Whether you want to appeal the MS90 conviction or to plead guilty to failure to furnish, we can prepare the strongest possible case in your defence.
Every type of driving offence has its own endorsement code which will be placed on the affected driving license. The most common motoring offence codes are SP30 and SP50. These are the speeding conviction codes. These speeding codes are closely followed by IN10 (driving without insurance) and MS90 (failing to supply the identity of a driver).
If you discover an endorsement code on your driving license, the best thing to do is to contact an experienced motoring offence solicitor to guide you through the process of understanding and potentially appealing the conviction.
It’s always best to notify your car insurance of any convictions that you receive during your policy term. Although you’re under no legal obligation to inform your insurance provider, many insurers’ policies say that you must inform them if you receive a conviction during your term. You’ll need to check the terms and conditions in your policy document.
If you don’t disclose a conviction and later need to claim on your insurance, your claim could be refused on the grounds that you didn’t disclose the conviction. Either way, you’ll still need to declare your conviction when you take out a new car insurance policy.
If you or your company have been given an MS90 conviction as a result of failing to provide driver details, it’s important to seek expert legal advice.
At Caddick Davies, we are experts when it comes to defending motoring offences, with decades of experience dealing with a diverse range of cases. Whether you’re hoping to have the MS90 conviction overturned or planning to plead guilty to the offence, we can prepare a strong defence case, giving you the best chance of success in court.
If you’re looking for expert legal advice for your MS90 conviction, contact us today for a free consultation.
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