Caught driving with provisional

[paulinechiv]

My Brother in law, has just been caught driving on a provisional license.

 

The circumstances behind it are.

 

He owns a car, in which he practices driving with a qualified driver, it is fully taxed, mot'd and insured.

 

He was asked by a disabled man, whom he has known for a long time if he could take him to a local shop to collect a washing machine as his had broken down,

this man had held a driving license for a number of years and to his knowledge still held this license,

it was only when they were stopped by the police the man told him that he surrendered his license under medical grounds a couple of years before.

 

Obviously when questioned by the police, he explained that he did not have a full license and why he was driving,

while sympathetic their hands were tied and they had to impound his car.

 

My question is, is there any point in him trying to plead mitigating circumstances?

 

I (and he) knows that ignorance to the law is no excuse, but he just presumed that because he had seen this gent driving daily

since he was a child that he still had a full driving license.

 

In reality all he wants to do is avoid the points on his license so he can continue to learn to drive and get his full license.

(6 points for driving without insurance - insurance invalidated due to not having a qualified driver)

 

Many thanks in advance for any advice.

[renegadeimp]

There are no mitigating circumstances.

 

He was driving with a provisional licence, and was not under the supervision of a current full licence holder who has 3 or more years driving experience.

All the court would say is it is up to him to check that the other person did indeed hold a licence. Taking their word for it wont wash in court.

 

Unless he gets a very sympathetic judge, he needs to be ready for those points and possible DQ period for driving on a provisional licence.

[paulinechiv]

Thank you for your prompt reply.

That's what I thought, Do you know the process from now, will he receive a summons or just get a straight ban / points and fine.

Is it worth him trying to write in if he gets a summons and explain himself?

many thanks again.

[Minkiesmum]

If he had L plates on perhaps he could plead ignorance but without I'd say not in the least.

 

Lynda~

[ploddertom]

Moved to Speeding & Motoring Offences Forum

[dx100uk]

I though it was 3 point for driving without ins? [is Scotland diff - i'm up here]

 

 

IMHO it IS worth outlining the circumstances

inc, if the gent would oblige, a statement from him, that he did not tell your brother etc etc

 

was he displaying L plates too?

 

and go in person to court too

 

dx

[Raykay]

I though it was 3 point for driving without ins? [is Scotland diff - i'm up here]

 

dx

 

It's 6 - 8 points, England, Wales & Scotland - sch. 2, Road Traffic Offenders Act 1988.

[Aretnap]

6-8 points for no insurance. 3-6 for driving otherwise than in accordance with a licence. Same in Scotland as in England. Usually he will only get the points for the more serious offence, so 6-8 in total.

 

Renegade imp may be overly pessimistic IMO. While the offences are strict liability offences, the fact that he believed he was driving within the terms of his licence is good mitigation, and might even be enough to avoid the points. The court cam choose not to impose points if it finds special reasons not to endorse, and in England at least the High Court has considered that an honest and reasonable belief that you were licensed/insured can be a special reason not to endorse, especially if you were misled about your licence/insurance status by someone you had good reason to trust. That might apply. What did te friend he was giving a lift have to say about what he'd told him about his licence? Worth speaking to a specialist motoring solicitor IMO - they don't come cheap, but many will give a free initial consultation.

 

If he does end up with 6 points for no insurance he can continue to learn to drive - the New Drivers Act will not kick in unless he gets points for an offence committed after he gets his full licence. However it would mean that (1) any points at all in the first two years after he passes his test would mean going back to learner status and (2) as a newly qualified driver with an IN10 code on his licence he could expect eye-watering insurance premiums or a few years.

[Kiki1]

it was only when they were stopped by the police the man told him that he surrendered his license under medical grounds a couple of years before.

 

Under which medical grounds ?

 

If your relative can prove the disabled man gave false notice at the time, and provide it in court, then he should have some mitigating circumstance.

 

What does the police record state when he was / they were cautioned ?

[dx100uk]

thanks ray & arent