Crosswords1 min ago
Driving with revoked license but didn't know
Hi, I was pulled over earlier on in the year and told that my license had been revoked 3 years ago. I had no idea. It turns out it was down to a time when my brother got pulled over and gave my name in. He handed himself in and was charged and, I thought, everything against me was dropped but it turns out this stood. I've since contacted the DVLA who conducted an investigation and have subsequently reinstated my license.
However I've now been summonsed to court but I don't know how to plead.
I was guilty of driving without license but I have mitigating circumstances, as above, but I don't know if this would lead to an arbitrary charge because of my plea.
Can anyone give any advice?
However I've now been summonsed to court but I don't know how to plead.
I was guilty of driving without license but I have mitigating circumstances, as above, but I don't know if this would lead to an arbitrary charge because of my plea.
Can anyone give any advice?
Answers
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As I see it you were driving on a revoked licence at the time, even though you didn't know . The licence was not reinstated until after the event so I think you have to plead guilty but ask for the exceptional circumstances to be considered, in this case I would expect a conditional discharge.
But I would get a solicitor on to this immediately as he/ she may be able to get the charge dropped.
But I would get a solicitor on to this immediately as he/ she may be able to get the charge dropped.
It is going to depend upon the dates covered by the reinstated driving licence, if it covers the period when you were driving you are not guilty of “ Driving otherwise than in accordance with a driving licence”.
If guilty it is an offence of strict liability, a guilty mind (mens rea) does not have to be shown, and the prosecution has only to prove that the offence was committed. I think the Magistrates or prosecution may have some pressing questions for you.
If guilty it is an offence of strict liability, a guilty mind (mens rea) does not have to be shown, and the prosecution has only to prove that the offence was committed. I think the Magistrates or prosecution may have some pressing questions for you.
My cousin suddenly found his licence had been revoked when he had an accident.
Somehow the DVLA thought he had passed away but they never said if it was a clerical error or if somebody had sent a hoax letter.
The insurance dealt with the claim as he had held but was not disqualified from obtaining a licence.
He wrote to the police and court and a letter came back from the court stating no further action would be taken.
Oddly enough he had to send his licence to the DVLA which was an old paper licence and they issued a photo licence.
He was a bit niffed as his paper licence lasted until he was 70 and he had to pay to update his photo licence after 10 years.
Somehow the DVLA thought he had passed away but they never said if it was a clerical error or if somebody had sent a hoax letter.
The insurance dealt with the claim as he had held but was not disqualified from obtaining a licence.
He wrote to the police and court and a letter came back from the court stating no further action would be taken.
Oddly enough he had to send his licence to the DVLA which was an old paper licence and they issued a photo licence.
He was a bit niffed as his paper licence lasted until he was 70 and he had to pay to update his photo licence after 10 years.
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