Driving offence. Advice required.

[Alexandria_M]

The situation: My younger brother, whom I love, but is nonetheless immensely irresponsible, was caught driving unsupervised and without a full driving licence. The fool actually passed his driving test 3 years ago but did not apply for his full licence within the two year time limit stipulated. The vehicle he was driving is taxed and has a valid M.O.T certificate, and my brother is a named driver on the insurance policy.

He has been summoned to appear at the magistrates' court for the offence of driving a motor vehicle otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class. I believe the penalty for this offence is 3 � 6 points and a fine up to �1000. However, as he did not have a full licence, I imagine this would invalidate his insurance � the penalty for driving without insurance being 6 � 8 points and a fine up to �5000.

My questions: Although the case brought against him is for driving without a valid licence, could this be changed to driving without a valid licence and insurance? Should he be found guilty of driving without a full licence, and get in the region of 6 points on his licence, would this result in ban of some kind � or would he be able to take a driving test? (He currently has no points on his provisional licence).

Would it be more beneficial for him to plead guilty by post, or plead guilty in person? Finally, subsequent to being found guilty, will he have a criminal record, and will his details be stored on the Police National Computer?

Thank you for any assistance you may provide.

[matt1e]

im not sure here but i think insurance wise hes ok i think it depends on wether hes driving with the owners consent (which makes them aiding and abetting) or driving without consent which makes the insurance legal (ish) im sure someone on answerbank knows better but I would definetly mention the fact that he has passed his test in mitigatiing circumstances

[Buenchico]

In roughly reverse order:

All motoring offences (except certain parking contraventions which have been 'decriminalised' in some local authority areas) come under criminal law. So, by the strictest definition, even a simple speeding offence creates a 'criminal record'. However, the more commonly accepted definition of a criminal record (as used by the CRB) relates to convictions before a court (rather than to 'fixed penalty' offences). So, yes, your brother will acquire a 'criminal record'.

The Road Traffic (New Drivers) Act 1995 states that anyone who acquires 6 points during the first 2 years 'probationary period' will have their licence revoked. However, it's made clear that the 2 year period commences from the date that the person first passes their driving test, not from the date upon which they actually get a full licence. Therefore, your brother has completed the probationary period and it's the normal 12-points 'totting up' rule which applies to him, rather than the 6 points rule for new drivers.
http://www.opsi.gov.uk/acts/acts1995/Ukpga_199 50013_en_1

As you state, it's likely that your brother's insurance will have been invalidated but either the CPS haven't noticed this or, more likely, that they don't think that it's in the public interest to prosecute him for this. It's unlikely that any additional charge would now follow, although some magistrates occasionally invite the police and CPS to investigate matters which they seem to have ignored.

As you state, the maximum number of points which can be given for 'otherwise than in accordance' is 6. So your brother can't be banned from driving (unless, of course, the CPS take the unlikely step of adding an additional charge relating to 'no insurance').

Your brother now needs to retake both parts of the test and exchange his

[Buenchico]

. . . provisional licence for a full one:
http://www.direct.gov.uk/en/Motoring/LearnerAn dNewDrivers/NewlyQualifiedDrivers/DG_4022659

Chris

[Myriad2112]

I got 3 points and 200 pound fine, but that was over ten years ago.