Disqualified from driving for being uninsured,and misinformed by police officer?
i was recently stopped and found to be driving without insurance as i mistakenly thought my policy allowed me to drive other cars, the police officer offered me an on the spot fine of £200 and 6points or the option of going to court, where she said i may get disqualified. i thought 6points was an instant ban anyway as i've only had my licence 18months but she said any more than 6 and i'd lose my licence, so i accepted the fine and points but have since found that i was right and i will lose my licence. i've been told that i should have gone to court as i'm 27 got a totally clean licence and could have got away with less points. what is the likelihood that a court would have let me keeo my licence and is there anything i can do now?
Answers:
The rule is, as you say, 6 or more points will result in loss of licence for people who have been qualified for less than 2 years.
You don't have any defence and I would strongly advise you not to pursue the matter any further. I have been in a similar position and the court seemed to take the view that I should have taken the fixed penalty (its a long story - I wasn't trying to be difficult) and I got a stiffer penalty (although not a ban) as a result. If you make a fuss, they are only likely to punish you more harshly than you already have been.
Have a look at the website below. The scale for driving without insurance is 6-8 points anyway, so unless you can prove that you did have insurance, then you are either going to stick with 6 points or get more!
http://www.highwaycode.gov.uk/28.htm...
See a solicitor. As the police officer misinformed you and was obviously ignorant or mistaken about the law herself, you should be able to appeal to somebody or other.
What you have omited to inform us is why the police stopped you in the first place. How can we have an opinion with only half of the details?
you can always challenge the fine and the points you have so many days to do it in.Go to the citizen advice and they can help you better.If it was criminal or just a mistake.
The fact remains that you were still driving without insurance but somehow the consequences of that are now someone elses fault?
I think there is always the chance to appeal againist your earlier decsison go consult a lawyer or your citizens advice beauro and tell them and the court you were mis-informed since this could be a serious offence even misrepresentation in which case your original decision will not stand. You could try making a complaint about the officer as an alterative just remember that court tends to cost money to start with...
Ignorance is not a point of law.
Get help.
As you have only held a full entitlement to drive for 18 months then you are still within the 2 year probationary period. If you collect 6 points in that two years DVLA will revoke your licence. This means that you have to re-apply for a provisional licence, take a theory test, and then take a practical test. It does not mean you are disqualified from driving, because you are not and free to apply for your licence straight away. Don't confuse this with going to court and being banned from driving for a set period of time.
If you had opted to go to court you would be looking at a minimum of 6 points anyway and a maximum of 8. The difference between 6 and 8 points could save you some money when you do come to insure a vehicle again. Also the fine at court could have been in excess of £200 with the possibility of court costs as well.
Did the officer sieze your vehicle? Under the Road Traffic Act the officer could have siezed you vehicle until such time that you obtained insurance. This would have cost you £105 for the recovery and £12 per day storage.
You should have been careful and made sure that you understood the insurance policy fully. Unfortunately your lack of knowledge is not a defence and you will have to start again. It will also mean that your insurance premium will rise.
When you do come to insure a vehicle be sure to disclose your conviction. Failure to do so could lead to th insurance company refusing to pay out on a claim and cancelling your policy and being arrested for making a false declaration to obtain insurance.
Good luck and hope you learn from your mistakes.
always go to court if you think you might get a ban on "totting up"...If you can prove it would cause hardship...in excetional circumstances you can go above 12 points and keep on driving!
I know this to be true...as at one time I was still driving with 27 points on my licence!
Mainly for like yourself being uninsured.
We all make mistakes. I can hold my hands up and say that I've given 'duff' information on occasion, however not to the cost of someones licence!
I would suggest that you take this up with a solicitor and ask to speak to someone in the fixed penalty section of your local Police to see if you can now go to Court instead of accepting the ticket.
As for your mistake, I won't preach to you as you seem to have made a genuine mistake. I just hope you learn from it in the future and ALWAYS check the terms of your policy with your insurer.
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