Thousands of drivers could have been wrongly convicted after not updating their licence details, according to a lawyer who won a case by showing that the incorrect section of the Road Traffic Act was used.
Michael Pace, transport solicitor at Lincolnshire-based Andrew & Co, said some police forces and magistrates did not possess the training to know that out of date photocard ID or address details did not mean a licence was invalid.
Pace recently acquitted a client of a charge of having no insurance after Lincolnshire police said her licence was out of date.
He also acted for an unnamed retailer whose driver was pulled over in Dover and warned by police that his licence was invalid.
He said many prosecutions have been brought under Section 87 (1) of the Act, when it is Section 99 (5) that refers to failing to update the DVLA. The latter is also an non-endorsable offence, meaning wrongly convicted drivers could demand their fines are repaid.
"The mistake starts with the words used on the plastic licence: ‘licence valid to…’, he explained. "It ought to read: ‘photo valid to…’.
"My goal is to get this out, people need to be more aware of it. If they are stopped and the police talk about seizing their vehicle, they can’t. The police have got it wrong."
Lincolnshire’s chief inspector Stewart Brinn said: "We have issued clear guidance to all our staff to rectify this situation and we have also raised the issue at both regional and national forums.
"I can only reinforce that failure to have a current photograph or address on a driving licence remains an offence for which people can face prosecution."
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