About 18 months ago I was convicted of speeding and given 3 points. I didn’t have my licence when I appeared in court and they asked me to surrender it but I forgot. I have now been stopped for using a mobile phone whilst driving. When the officer stopped me he carried out a check against my name over his police radio which revealed that my driving licence has expired. I now have to go to court for the mobile phone offence and driving without a driving licence even though I passed my test years ago and still hold a valid licence. What can I do?
You do not hold a valid driving licence. You were ordered by the court to surrender your licence. After 12 months if you do not surrender it then the DVLA expire or revoke your licence. From then on you are driving otherwise than in accordance with a driving licence. This is an offence that usually carries points. However, if you were otherwise entitled to drive under the terms of your licence then this makes it a non endorseable offence and you should avoid points. It might be worth asking one of solicitors to write to the court on your behalf pointing this out to make sure that you don’t receive points. Give us a call to discuss this.
You can, of course, expect to receive 3 points for the mobile phone offence.
Am I legally required to carry any documents with me in the car?
The law requires you to produce your driving documents within 7 days, not immediately. In any event, if a police officer stops you and asks you to produce your documents it is likely he will still require you produce at a police station even if you have them on you at the time. It is dangerous to carry documents in your vehicle. If your vehicle is stolen the thieves would have all the necessary documentation to "prove" ownership and sell your car to an unsuspecting buyer. It would also give the thief the means to steal your identity.
My advice would be don't carry any documents in your vehicle. Store them at home in a safe place so that you can produce them within a few days if you are ever stopped.
I have been stopped by the police and asked to produce my documents at the police station. When I have checked I realised that my MOT had run out last month. I’ve now had the car MOT’d but can’t produce an MOT certificate covering the date I was stopped. I am worried about more points on my licence. What can I expect?
The police will prosecute No MOT offences but only usually if other offences have also been committed. Providing you are able to produce all your other documents within 7 days you may get lucky and find that the police chose not to prosecute you. If you are prosecuted you can expect a fine but this is a non endorseable offence. In other words you will not receive any points.
I permitted a family member who was visiting from abroad to drive my car as he informed me his comprehensive travel insurance covered him to drive a car in the UK. I then received a speeding ticket from a time that he was driving the vehicle, I asked for his insurance documentation and have been informed he does not have it.
I have subsequently been issued with a summons to Court for Permit of use of Motor Vehicle with no Insurance. What advice can you offer, am I likely to lose my license as I only past my test a month ago?
Permit no insurance carries either a discretionary ban or between 6 and 8 penalty points. 6 points within 2 years of passing a driving test results in the automatic revocation of your driving licence by the DVLA. If you are convicted this means you will lose your entitlement to drive either way as you only passed your test recently. However, the prosecution must prove that you actually "permitted" your cousin to use the vehicle in the first place. I would be interested to see what evidence the prosecution seek to rely on in this respect. If they can prove that you gave consent for him to use your car then you may be able to rely on the fact he misled you into thinking he was insured as a "Special Reason" to avoid a ban or points.
Recently I started to repair the car and do it up ready to sell on. I took it for a quick drive around the block but it broke down again. I was worried about leaving it overnight on the highway without valid tax so I took the tax disc out of my other car and put in the windscreen of the car that had broken down so that at a glace it looked taxed. Unfortunately the car has been towed away and the police came to see me at home. The policeman was very nice and I explained what had happened. He said that I would be reported for a summons. Where do I stand legally?
If the police officer cautioned you before you told him what happened then this was probably an interview under caution and can be used in evidence against you. By the sounds of it you have confessed to an offence of Fraudulent use of a vehicle excise licence. This is an either way offence so can be dealt with before a Judge and Jury at the Crown court and carries the possibility of imprisonment. I would strongly urge you to seek legal advice and also representation in court.
Give us a call and we would be happy to discuss your case in more detail in an effort to put your mind at rest.
I was paying my car insurance by monthly instalments. I was stopped by the police and asked to produce my documents. My wife and I separated that week and due to the turmoil this involved I forgot to produce my documents. I then cancelled my insurance and the insurance company insisted I return the insurance certificate. I have now received a summons for No insurance. I have telephoned my insurance company and wrote them several letters requesting a copy of the certificate but they have just ignored my requests. What can I do to prove I was insured?
Insurance companies always insist that certificates of insurance are returned when a policy is cancelled to prevent fraudulent production of the certificate after the policy has been cancelled. They are also not allowed to issue back dated certificates. What you should ask for is a letter of indemnity which the CPS and Court will probably accept. It is your responsibility to produce documentary evidence that you were insured and if you fail to do so by the trial date you will be convicted and given at least 6 points or, worse still, a ban.
We recently dealt with a case similar to yours where the insurer refused to co-operate. In the end we successfully applied for a witness summons against the company secretary of the insurance company ordering his attendance at court and the production of documentary evidence to prove our client was insured. Not surprisingly this produced an immediate response and our client avoided a conviction. If you need help to force the insurance company to provide the proof you need then give our road traffic lawyers a call.
No insurance carries either between 6 and 8 points or an unlimited disqualification. You can also be fined up to a maximum of £5,000 and even receive a community penalty, such as a rehabilitation order or a curfew. As your son has been driving for less than 2 years, the new driver provisions mean that the minimum of 6 points will result in the DVLA revoking his licence.
I was stopped driving a car without insurance and the police have seized and impounded the vehicle. Can they do this and how do I get it back?
The police have powers to seize, impound and dispose of vehicles that are used without insurance. What’s more the will charge you a fee for impounding the vehicle and a daily storage fee on top. At Carryon Driving we have seen lots of cases where vehicles have been impounded even though in fact insurance was in force. This is because the insurance data base that the police have access to is not fool proof and mistakes are sometimes made. We have known situations when insurers have failed to update the database and brokers have failed to notify insurers that premiums have been paid.
Sometimes it’s cheaper to allow the police to destroy low value cars rather than pay expensive fees. We have successfully recovered vehicles in the past without our clients having to pay the costs. If the seizure was as a result of a failing on behalf of the insurer or broker then we have successfully persuaded them to pay the costs of recovery.
I’ve recently received a summons to attend court under section 29(1) of the Vehicle Excise Licence and Registration Act 1994 for keeping a vehicle on a road without valid tax disc. What sort of punishment can I expect?
The maximum fine is £2,500 but you are more likely to be fined £200 or so, depending on your means and ability to pay. You are also likely to be ordered to pay the back duty, i.e the tax that would have been due from when the last tax for the vehicle expired until the date of the offence. The offence is non endorseable so does not carry risk of points.
