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Pulled over & warned, now being prosecuted - advice please!


liam2282
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Hi All, any advice on the following is appreciated.

 

Firstly I do not contest my guilt to the following offences - I am just curious to see if I am able to challenge on a technicality!

 

I pulled out of a petrol station turning left, into the path of an oncoming patrol car!

 

 

The PC was not travelling fast enough to need to emergency stop, but I did cause him to slow down.

 

 

I was pulled over and read the riot act, but ultimately the PC warned me and allowed me on my way.

 

Now here is where it gets silly for me...

 

I knew I did not have a valid MOT so was pleased to be allowed to be let go..

. but the officer signalled for me to continue in front of him..

. low and behold about a mile further down the road (following a PNC check)

he pulls me again for no MOT and proceeds to caution me for the earlier offence he had let me off of!

 

I have now received the court papers for two offences,

1. driving without an MOT and

2. Driving without due care and attention.

 

I am just wondering if as he warned me originally,

can I now be prosecuted for driving without due care and attention?

 

The above is confirmed by the PC's statement within the court papers.

 

Thanks in advance!

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I believe that he went to give you the benefit of the doubt, and then found you dont give a s*** about any other road users safety

(as you knowingly had no mot) so threw the book at you.

 

 

He probably let you go originally and then checks came back on the car and that is that.

 

 

You still have the car or was it impounded?

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Sorry but having no MOT does not correlate with not giving a s*** about any other road users safety!!

 

 

This is not some falling apart rust bucket!!

 

 

The car is looked after very well (trust me it costs me a fortune!) and was / is perfectly safe to drive,

it had been in the dealership for service and first MOT the previous working day

- dealership forgot to actually put the car through the test itself...

 

He allowed me to continue home and did not impound the car.

 

I understand why I was pulled over,

 

 

I was just wondering if a precedent had been set in giving me the benefit of the doubt in the first place.

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Sorry but having no MOT does not correlate with not giving a s*** about any other road users safety!!

 

It does as you were driving uninsured.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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Sorry but having no MOT does not correlate with not giving a s*** about any other road users safety!! This is not some falling apart rust bucket!! The car is looked after very well (trust me it costs me a fortune!) and was / is perfectly safe to drive, it had been in the dealership for service and first MOT the previous working day - dealership forgot to actually put the car through the test itself...

 

 

 

He allowed me to continue home and did not impound the car.

 

 

 

I understand why I was pulled over, I was just wondering if a precedent had been set in giving me the benefit of the doubt in the first place.

 

Stop making excuses. Its your responsibility to ensure you have an mot in place. And it doesn't matter whether it is some rust bucket or a 3 year old car. The mot is there for a reason.

 

It seems like you are wanting an excuse or a scapegoat for everything. Unfortunately I dont think you are going to get one although someone may be along shortly and may be able to tell you what you want to hear.

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Consider your question applied to any other class of crime like assault. If you had been thumped by someone and they had been let off but a few moments later you discovered that the person who thumped you was also wanted for stabbing someone else would you think it reasonable that the person is arrested for both offences or for just one of them?

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It does as you were driving uninsured.

 

Were was it stated the OP was driving uninsured?

 

Or are you are falling for the fallacy that not having a current MOT invalidates an insurance policy?

 

Insurers would no doubt try to wriggle out of a claim if no current MOT is produced and a contributory cause of the claim was a mechanical condition that would have caused an MOT failure (up to 13 months earlier!).

 

As part of the claims process they may also request to see the MOT as part of their 'tick box' process and to establish mileage and therefore value.

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Some harsh comments here. Liam has come here to ask a question and is going to court to be judged. He hasn't denied anything so can we please leave it to the judge to decide guilt or not.

 

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  • 2 weeks later...

wow - thanks for the responses guys!

 

At least Caro and Tony P can see where I am coming from. Tony is correct, no MOT does not invalidate insurance.

 

Caro is also correct, I started in my original post saying I do not contest my guilt to the offences - I just wondered if anyone had any experience of a similar situation or knew of any similar case.

 

thanks again - I will be pleading guilty by post having spoken to a solicitor - and of course the pearls of wisdom I picked up in this thread :-)

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Were was it stated the OP was driving uninsured?

 

Or are you are falling for the fallacy that not having a current MOT invalidates an insurance policy?

 

Insurers would no doubt try to wriggle out of a claim if no current MOT is produced and a contributory cause of the claim was a mechanical condition that would have caused an MOT failure (up to 13 months earlier!).

 

As part of the claims process they may also request to see the MOT as part of their 'tick box' process and to establish mileage and therefore value.

 

Whether the car would have passed an MOT is entirely irrelevant except when it comes to valuing the car as a write off (If it would have passed an MOT then the Insurer would be obliged to pay the value of a car with an MOT for a write off). It's whether the car was "Unroadworthy" and the car being "Unroadworthy" "Caused" or "Significantly Caused" the accident and it would be upto the Insurer to prove this in which case the Insurer would still be liable for third party claims but could deny own damage claims but could seek to recover their outlay to the third party from the policyholder. (Assuming the policy has a requirement for the car to be "Roadworthy"

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I have an issue with plod here. Was it a traffic cop or just an ordinary patrol car. One of my beefs about the routine police patrols is that they seem to think they are qualified to determine what is driving without due care and attention, or other offences, or whether or not a vehicle is road worthy or not. I'd feel more comfortable with a traffic officer making the decision but some of the police driving I've seen is positively atrocious.

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