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Due in court for driving without insurance and using mobile phone - She will be classed as a new driver too! - advise


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Evening all…

my daughters car was impounded last night and she will be due in court for driving without insurance and also using her mobile phone.

She will be classed as a new driver and will have her license revoked.

We can not afford a solicitor unfortunately.

I believe each offence will carry 6 points which will give her 12 points.

 

I have the following questions that I’m hoping someone can help with. 
 

a) can we ask for a ban instead of her license being revoked?

Would this benefit her regarding future insurance.

She was paying £2000 for insurance and dread to think what it would cost with an additional 12 points.

 

2) or should we try to contest the driving with a mobile conviction?

She told me that the passenger in the car was holding her phone.

Her phone was connected via the Bluetooth radio and she was talking via that.

It was the passenger who answered and ended the call.

 

any advise would be grateful…. Left with the headache of getting impound insurance now…. 
 

thank you

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(a)  If she gets 6 points within two years of passing her test I don't think she can avoid revocation.  As I understand it, revocation is an automatic administrative process carried out by the DVLA, and does not involve the court or prosecution, and there is no discretion involved.

 

(b) The offence is committed by the driver holding the phone (or whatever) and using it.  If the passenger was holding it then that should form the basis of your daughter's defence.

 

However, it does raise the question of what evidence the police have that they have decided to prosecute her...

 

 

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  • dx100uk changed the title to Due in court for driving without insurance and using mobile phone - She will be classed as a new driver too! - advise
11 hours ago, Anas_mum said:

a) can we ask for a ban instead of her license being revoked?

Would this benefit her regarding future insurance.

 Even if it were possible I doubt it would make any difference at all to the future cost and availability of insurance. Both involve your daughter being prevented from driving as a consequence of the offence.

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Could you clarify the Insurance part as you say she was paying £2K for it so was it still in force and had the MIB messed up by not having up to date records?   That's not as uncommon as people might think

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Hi

 

I have to agree with the above post and would suggest that if she was insured at the time of the offence that she contacts her insurance company and ask for them to provided her with written confirmation to that affect that she was fully insured on the date of this offence as this way she will have proper evidence to provide that she was actually insured.

 

Had similar happen to me recently but not in an accident just police doing random spot checks and their checks even by their computer showed I was uninsured except I pulled out my insurance documents and the police contacted my insurance provided who confirmed I was fully insured and when I asked the police why their system showed I was uninsured they stated it happens as the MIB database may not have been updated properly and were glad I had my insurance documents to show them.

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