Driving offences

[Thomas66]

Hi people,

I got banned from driving 3 years ago for speeding, dangerous driving and something else for a period of 1 year but never actually re-took my test or anything due to my insurance going through the roof.

 

Well I decided to be an even bigger idiot recently when I didn’t stop for the police and I crashed my car, fortunately I was the only one involved in the accident.

 

This time I’m looking at driving with no license, insurance, speeding and failing to stop. Besides stating the obvious that I’m done for, what punishment could I be looking at? 

[BazzaS]

Unless there is another offence involved (have you had a S172? NIP? Been advised of another offence being reported?) : no custodial sentence.

 

Substantial fine, further disqualification.

[Thomas66]

Thanks for your response. I haven’t had a letter or anything yet. I forgot to mention I took out about 10 steel railings, I’m assuming that is going to be included in the fine? 

[honeybee13]

Whose property were the steel railings on please?

 

HB

[Thomas66]

Council property 

[honeybee13]

Thank you for that.

 

As well as Bazza, we also have a very well-informed member called @Man in the middle. If he's around at the moment, hopefully he will also answer you.

 

HB

[Man in the middle]

If you were convicted of dangerous driving you need to take an extended re-test. Under s36 of the Road Traffic Offenders' Act you are disqualified from driving until you pass that test. Until you do, you may only drive as a "provisional" licence holder - that is, you must display 'L' plates and have a qualified driver supervising you. If you were caught on your own or without 'L' plates you were driving whilst disqualified. That offence carries a maximum sentence of six months custody, as does failing to stop following an accident.

 

Were you eventually stopped? If not, have the police made any attempt to contact you? 

 

It's impossible to give a view on what the likely outcome will be unless and until you know what you are to be charged with.

[honeybee13]

Thank you for coming to the forum, MitM, useful information.

 

HB

[Thomas66]

8 hours ago, Man in the middle said:

If you were convicted of dangerous driving you need to take an extended re-test. Under s36 of the Road Traffic Offenders' Act you are disqualified from driving until you pass that test. Until you do, you may only drive as a "provisional" licence holder - that is, you must display 'L' plates and have a qualified driver supervising you. If you were caught on your own or without 'L' plates you were driving whilst disqualified. That offence carries a maximum sentence of six months custody, as does failing to stop following an accident.

 

Were you eventually stopped? If not, have the police made any attempt to contact you? 

 

It's impossible to give a view on what the likely outcome will be unless and until you know what you are to be charged with.

I was eventually stopped but only because I crashed into some railings. They told me I will receive a letter to be summonsed to court, this was about 3 weeks ago.

[Manxman in exile]

2 hours ago, Thomas66 said:

I was eventually stopped but only because I crashed into some railings...

 

Did you simply just crash on your own or were the police chasing you down at the time?

 

14 hours ago, Thomas66 said:

Hi people,

I got banned from driving 3 years ago for speeding, dangerous driving and something else ...

 

Is the "something else" relevant here?  (Odd way of expressing it...)

[Thomas66]

Yes they was chasing me at the time. I think there was another offence but I can’t remember what it was, possibly driving without care and attention

[Thomas66]

They was going to stop me initially for doing 40 in a 30 but that’s when I decided to be an idiot and drive off 

[BazzaS]

Going to (initially) stop you for going 40 in a 30?

 

surely you are missing out that they’d then notice you were a disqualified, uninsured driver ……. So it wasn’t just speeding!

 

[Thomas66]

The car was insured just in my brothers name 

[BazzaS]

Ohh, that’s alright then, NOT.

 

You weren’t insured! (And wouldn’t have been able to be insured based on the standard terms of every policy  I’ve ever seen)

 

Have you (& he) made any comment on if you had permission to drive it (was it his car?)

Edited November 20, 2022 by BazzaS

[Thomas66]

That car is mine it was just insured in his name 

[BazzaS]

That MIGHT get you off a TWOC, but open up a can of worms re: ‘fronting’.

Were the insurers aware that you were the owner, and disqualified, but he was the main driver.

 

“Registered Keeper” and owner aren’t synonymous, but who is the RK on the V5 ?

 

would it be fair to say the prosecution is likely to suggest you have a somewhat casual attitude to the obligations of the Road Traffic legislation?

 

Likely that you should be prepared for the Magistrates to pass any sentencing to the Crown Court (depending on what you get summonsed for : which you should update the thread with).

Edited November 20, 2022 by BazzaS

[Thomas66]

I see what you’re saying so it’s probably worse than I thought. I will update the post when I get a letter. I’m not saying it’s right because it clearly isn’t but I work about 35 miles from my home and public transport doesn’t exist at the times I require and I didn’t want to give up my job, clearly this wasn’t the solution either… oh bo***cks 

[honeybee13]

So how long have you been using your car with your brother fronting the insurance?

 

HB

[BazzaS]

Best you tell them that, then, so they’ll know you’ve been driving regularly ……

 

You can always impress on the court that you knew you’d been disqualified but didn’t feel it applied to you because of your special circumstances.

Other people can ask the court not to disqualify them based on their circumstances, but clearly you feel you didn’t need to do that, (or you tried but the court still disqualified you!) and you feel you can make your own mind up when disqualification applies to you.

 

You can also suggest that you weren’t driving, only travelling, and as a Free Man on the Land you do not consent to the road traffic legislation.

 

(None of the above will impress the court, btw, but I just wanted to get them done and dusted before you tried to use them as excuses!)

Edited November 20, 2022 by BazzaS

[Thomas66]

I’d better get a good solicitor then 

[BazzaS]

You can wait (for a solicitor) until you see what you are being summonsed for.

But sooner if you are asked to attend for an interview under caution re: the insurance …..

[Thomas66]

What would your advice be on getting to work which is 35 miles away with no public transport?

[honeybee13]

Do you have house insurance? I don't know if its legal cover would include motoring.

 

If you're on a low income, you may be able to get legal aid.

 

HB

 

 

[honeybee13]

2 minutes ago, Thomas66 said:

What would your advice be on getting to work which is 35 miles away with no public transport?

 

I'd be interested to hear your thoughts on this, you must have considered it.

 

I don't suppose any of the options are very palatable. Change jobs? Electric bicycle? Car share?

 

Did you ever speak to your employer about this and ask for hours that are convenient for public transport?

 

HB