warrant question

[missymia]

Hi,

My son has been working in france for the last 9 months and has just moved back in with me and my husband now he is home. He contacted the DVLA about changing the address on his driving license and was told his driving license had been cancelled because he failed to return his license to have points added to it. When he queried what the points were for he was told he had failed to appear in courth for driving an unroad worthy car (He was stopped by a police car for driving his car home after his exhaust had fallen off just before he went away) and that he should contact the court who issued the court summons. We have done that and they have informed us it was also bought against him that huis insurance would be invalid. Because he didnt appear in court he is unsure if there would be a warrant for his arest - can anyone help as to what his next steps to do should be and what is likely to happen. Any letters they sent him would have been sent to his university address and he therefore didnt receive any notice of the court hearing as he was abroad. He is also due to go to the states for 2 weeks in a fewweeks time and we are worried he will not be allowed entry.

I am very worried as you hear many scare stories from people and we are unsure of what he is to about it and what is likely to happen.

[missymia]

Apologies Zacsmaster but I came on here for advise not someone to cast aspersions about the situation. I did not ask for your personal opinion I asked for anyones help in the best way to deal with the situation and what the possible outcomes are. Considering he was fully insured - If you read the problem acurately you would have realised I had mentioned he was driving the car back after the exhaust had fallen off - so hardly your typical uninsured driver! As far as he and many others are concerned - its not an obvious presumption that an exhaust falling off voids your insurance. He also did what the police asked and produced his documents and was not informed he would be going to court. It was not until 8 weeks after he left they sent him the first letter.

He is also not expecting Mummy to sort it out for him I am asking for mine and my husbands concerns.

Many thanks for your judgemental opinion but kindly refrain from offering "advice" when it is of no relevence and is based on opinion and on a personal note makes you sound rather bitter and hard faced.

[Loosehead]

Ok can you first confirm what he was prosecuted in his absence for, is it just for driving an unroadworthy veihicle? Was he given a producer at the time? did he actually produce? Clearly he was insured, there is a huge differenc between being uninsured and have invalidated insurance. The former is serious the latter can happen as a consequence of any other offence and is only really relevant to whether an insurer will pay out or not. Please answer the above and I'll try and help further.

[missymia]

Hi,

he has told me when he called the court they informed him he had a summons to appear in court for a non road worthy vehicle and invalidated insurance. I am under the understanding he definately had insurance on the car, but I will need to grill him a bit more to decifer if this is the truth. He was not given a producer as he had his license and mot details with him and that was what the officer was interested in. They sent him a letter about the court summons some time after it had happened. The info i have found so far is he may have been convicted in court in his absense as driving offences excluding drink driving dont end up with arrest warrants, and that he may have received a ban and a large fine which he will need to settle asap and return his driving license. Any info or help is greatly appreciated so many thanks in advance.

[NORMANTHEDOG]

if he told you the truth about all this,maybe you and us could help.

[missymia]

Zacsmaster - he did not go abroad knowing he would be summonsed and he produced his documents to the police officer concerned on being pulled over and was not given any indication he would be summonsed. He is not some thug or typical young driver you seem to be so judging of. He was working in france for 9 months as part of his year out after graduating so he didnt just go abroad on holiday hiding from his responsibilties. We all make mistakes and I could waste a lot of time moaning about why he didnt do this or that but it gets me no where with trying to find out information to best deal with the situation.

I am by no means under the illusion my son is an angel but do not appreciate judgemental people who are too busy judging others to actually be of any help. I

[missymia]

Loosehead - I have had confirmation now and have a paper copy of his insurance details for the time so it is a case of invalidated insurance not no insurance. He was covered by Direct Line fully comp. Thanks again.

[NORMANTHEDOG]

you naughty boy Zac

[Loosehead]

Ok then you need to find out from DVLA what he was actually prosecuted for and how many points etc this will be at least the initial offence, may be peripheral minor things. Then you need to ask them what their procedures for him to reinstate his licence. There is no such thing as "invalidated insurance" as an offence so it sounds like an official just embelleshing. His insurance was invalidated by the offence but that does not mean it was a no insurance prosecution. They can and do "Cancell" licenses but that is not in itself and offence more of an administrative process. Anyway you/he will have to cooperate with the dvla procedures. The offence in question is probably a 3 pointer. This is not an arrestable situation.

[Annlinda]

He can go to the Magistrates court swear on oath that he did not receive the summons and apply for the case to be reopened.It happens all the time. What I cannot understand is why when he contacted the court they didn't tell him he could apply for the case to be reopened. Get him to try and see a legal advisor (court clerk) or duty solicitor.They should help him sort it out. Tell him to take his licence(if he has it if not the court can get a printout from DVLA )insurance and MOT
Let us know how he gets on.

[New Judge]

Most insurance policies contain a clause that the vehicle should be maintained in a roadworthy condition. However, it is unlikely that the circumstances you describe would lead to his insurance being invalidated.

The court should be able to tell your son precisely what he was convicted of, if for no other reason they would have imposed fines and costs as well as any points or disqualification. He needs to find out what the offences were and what penalties were imposed.

There is little likelihood that a warrant for his arrest would be issued unless there are outstanding fines which he has not paid and which could not be recovered by the court by any means. These motoring offences are not arrestable and magistrates would not generally issue warrants for those convicted of them.

However, beware if you live where ex-PC chompu (another AB-er) worked. Apparently in that neck of the woods magistrates issue arrest warrants for driving offences quite readily. (See http://www.theanswerbank.co.uk/Motoring/Road-r ules/Question443490.html).

Unfortunately, annlinda, magistrates� legal advisers are not permitted to advise defendants on the merits of their case, only on court procedures. Access to the duty solicitor is now restricted only to those appearing for imprisonable offences. But your idea of going to court to swear a Statutory Declaration and to have the case reopened is sound.