Driving offences

[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.

[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!

 

[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

[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

[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

[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 …..

[BazzaS]

Change hours.

change jobs.

Get a lift / get a lift for the bits that aren’t covered by public transport.

pay for a mini-cab / pay for a Minicab for the bits not covered by public transport.

 

”Losing it not an option”? But what option now?

It makes little difference now if you were “just unlucky”, got a copper who recognised you and thought “isn’t he disqualified”, or someone dobbed you in it for driving while disqualified.

You’d be daft to consider driving (disqualified) to work now, as “you’ll have a target on your back”, so best come up with another plan.

 

Some people might consider “hey, I’ve got a job where it’ll be nigh on impossible to get to by public transport, and it’ll be a real bind were I to get disqualified”, and be sure not to get disqualified, or,  (if they then got disqualified) feel they were in a bind of their own making.

 

Some risk getting disqualified, and then, when they are, persuade themselves it’s OK to continue driving. The latter group should not expect much sympathy from the court when they get caught.

[BazzaS]

Yes, please, Hb

“shouldn’t expect”

 

Not to berate the Op, but so they know what to expect (& don’t drive disqualified currently, as they’ll likely get caught again!)

[BazzaS]

You had (& still have) options.

 

The alternative you seem to want is that the courts not be able to disqualify drivers (or the police enforce disqualification) if the offender says “but I’ll lose my job”.

 

While the courts have some latitude to consider special circumstances that doesn’t equate to a “get out of jail free card”, else there would be no disincentive to people driving as badly as they wish and then saying “but I can disregard as much driving legislation as I like, you can’t ban me ‘cos of my job’ “!

[BazzaS]

42 minutes ago, Thomas66 said:

I don’t remember saying I was going to tell the courts that I would lose my job because that’s laughable. I guess I’ll quit my job and be a bum on the dole 

see above : you can highlight “special circumstances” in mitigation.

it isn’t “laughable” but nor is it a panacea.

[BazzaS]

24 minutes ago, BazzaS said:

see above : you can highlight “special circumstances” in mitigation.

it isn’t “laughable” but nor is it a panacea.

Mind you, it is also a better option first time around……….

[BazzaS]

“Don’t poke the bear”

 

However, have a plan for if you get asked.

otherwise, don’t raise it, and hope they don’t!