News4 mins ago
will i have my license taken
Iv been pulled today for having no car insurance, i explained that the policy was in my name but the payments got taken from my ex's account but id paid her the full amount owed wen we split up, he done a check and turned out she had cancelled it in august, he said id get 6 points and a fine, but iv only been passed my test a year so id lose my lcence, but he then advised me to go to court as i needed my license for work (home care assistant) and my daughters dad lives 200 mile away so i take her to him every other wkend, he said the judge may only give me 5 points and the fine so i can keep my license, as it was done withouit my knowledge altho i take full responsibilite for leaving it in her hands, what do you think will happen?
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Reading through all this drivel that ha been posted in reply to your question, Andrea, you do not seem to have received a proper answer (I might be wrong as I gave up the will t liove after about 25 nonsensical replies), so I’ll try to provide one.
Driving with no insurance is an “absolute” offence. That is, it is absolutely your responsibility to ensure that you have it. You either had it or you did not and you did not.
You may have been offered a fixed penalty (£200 fine and six points) but you can refuse this and ask for a court hearing. At this hearing you have no realistic option but to plead guilty. The mitigation you offer will cut no ice with the magistrates (as I have said, the matter of insurance in entirely your responsibility and the Bench will take the view that you should have been especially careful to check all was in order following the split).
They will have no option but to award you six points (it is the statutory minimum) and once the DVLA learns of your points they will revoke your full licence, you will revert to provisional status and have to take your test again. There is no appeal against this procedure.
The only thing you could do is to ask the Bench, instead of imposing points, to disqualify you for a short period (seven to twenty eight days is often imposed for the offence when there are aggravating features). Oddly the “New Drivers” regulations which would see your full licence revoked, do not apply to drivers who are disqualified but only to those who get six or more points.
There is some hope of success with this strategy. However, the magistrates will be acting outside their guidelines and will need to be convinced that it is justified as they have to provide their reasons in open court. You may do well to employ a solicitor to plead your case.
Driving with no insurance is an “absolute” offence. That is, it is absolutely your responsibility to ensure that you have it. You either had it or you did not and you did not.
You may have been offered a fixed penalty (£200 fine and six points) but you can refuse this and ask for a court hearing. At this hearing you have no realistic option but to plead guilty. The mitigation you offer will cut no ice with the magistrates (as I have said, the matter of insurance in entirely your responsibility and the Bench will take the view that you should have been especially careful to check all was in order following the split).
They will have no option but to award you six points (it is the statutory minimum) and once the DVLA learns of your points they will revoke your full licence, you will revert to provisional status and have to take your test again. There is no appeal against this procedure.
The only thing you could do is to ask the Bench, instead of imposing points, to disqualify you for a short period (seven to twenty eight days is often imposed for the offence when there are aggravating features). Oddly the “New Drivers” regulations which would see your full licence revoked, do not apply to drivers who are disqualified but only to those who get six or more points.
There is some hope of success with this strategy. However, the magistrates will be acting outside their guidelines and will need to be convinced that it is justified as they have to provide their reasons in open court. You may do well to employ a solicitor to plead your case.
There are so many many Abers so intent on insulting other people on this site, it really is sickening and really pathetic!!! get a life you lot!!
Cant you lot understand that not everybody is able or even had the opportunity to get a great education, maybe due to schooling difficulties, learning difficulties or even to difficulties with memory due to a dementia or similar, but lets not take this into account eh!! lets just *** them all off shall we!! you lot of self-righteous A$$H0les make me sick!!!!!!
Good luck andrea, at least New Judge was able to give some sound advice!!!
Cant you lot understand that not everybody is able or even had the opportunity to get a great education, maybe due to schooling difficulties, learning difficulties or even to difficulties with memory due to a dementia or similar, but lets not take this into account eh!! lets just *** them all off shall we!! you lot of self-righteous A$$H0les make me sick!!!!!!
Good luck andrea, at least New Judge was able to give some sound advice!!!
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