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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Traffic Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My wife has got a summons for failing to change her name from

Resolved Question:

My wife has got a summons for failing to change her name from her maiden name on her driving license to her married name.
We have been married for three years and she has kept her maiden name on certain accounts etc.
She was not aware that she had an obligation to change her name. She even contacted DVLA who stated she didnt have to.
Should she plead guilty early and send a covering mitigation letter with the summons.
What is the penalty likely to be?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I will do my best to help you but I need some further information first - are you sure it is the name and not the address that is being queried?
Clare
Customer: replied 3 years ago.

She was stopped in my presence for a minor light offence. A rear light was out. We had a vehicle retification notice issued and complied with this. Her vehicle and insurance is in her married name but her driving license is in her maiden name. The cop said change it as I will be checking.


The summons is her driving license,the address is not an issue. It says it is under Section 99(5) of the Road Traffic Act 1988 and schedule 2 to the Road Traffic Offenders Act 1988

Expert:  Clare replied 3 years ago.
Hi
It is the fact that all the paperwork is not in the same name which could cause the problem
BUT The basic fact is that your wife is entitled to use both her married name AND her maiden name if she so wishes and accordingly has a defence to the charge - the defence being that she has chosen not to change her name and has retained use of her Maiden name in other areas of her life
It would however be sensible to change the ownership/insurance back to her maiden name so that they all match - but there is no absolute requirement to do so
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you Clare for your advice,


It would appear that this officer had an issue with me also being a police officer as he appeared "put out" by the fact I told him I was. This was in relation to him insisting that our vehicle did not have an MOT. I explained that it did as it was not in my interests for it not to have.


The vehicle (my vehicle) was being driven by my wife at the time of the stop and he was not happy that my wifes married name was not showing on her driving license. Every thing was legal as far as insurance etc was concerned.


My wife even contacted DVLA who confirmed to her that she did not have to change her name. So as a result she did not. Now she has received this summons. I have compliled a letter of mitigating circumstances to send back to the court is this the correct thing to do?

Expert:  Clare replied 3 years ago.
Hi
Personally I would file a defence since she is NOt in breach of the law and is entitled to retain her Maiden Name if she so wishes provided there in no intent to defraud.
However if she prefers to do a Plea of mitigation then that is acceptable
Clare
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