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Legal matters

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Partner caught driving on provisional licence, no mot

331 replies

Eveh13 · 13/12/2023 10:14

I am currently lost and fuming at this situation. I apologise for the long post.. I am currently 7 months pregnant and my partner was caught driving alone on a provisional and without MOT (the appointment was on a same day but daytime, and he was caught at 2 a.m.). He has 3 charges against him and obviously needed to be removed from the policy. We want to plead guilty without attending a court but we Don't know how to explain himself, to try and lower a sentence. He was caught coming back from work at around 2 am but the officers did not include this in the report (to where he was going). He said to the officers that he needed the car to get into work. The police officer on the report quoted, ""I cautioned the driver who made no reply to caution". What does this actually means? I'm so confused. 🤔 He had shown the police officer his provisional licence and on the report says, quote "the vehicle was not displaying any L plates and the driver was unsupervised. The driver identified himself and the police checked it and he was free to leave walking. (Car was seized and under my name, I have full licence).
The thing is, how do we plead guilty and so can he explain himself? He wants to tell the court that he took the car to "help" me because I'm 7 months pregnant and we have a disabled child at home. We just don't know how to write it officially. I will be giving birth soon and I am dreaded and exhausted from pregnancy and this situation. Thank you

OP posts:
Ifailed · 13/12/2023 10:16

speak to a solicitor now.

dothehokeycokey · 13/12/2023 10:16

You keep saying we

Why we?

He's the idiot that drove unsupervised on a provisional with no mot

Doesn't matter where he was going to or from does it.

What makes him think the rules don't apply to him?

CaptainMyCaptain · 13/12/2023 10:16

I don't think you can excuse him tbh. If he'd had an accident and someone died or had life changing injuries he wouldn't be covered by insurance. I don't think you being pregnant is an excuse at all.

StarlightLime · 13/12/2023 10:17

How exactly were you "helped" by this?? What nonsense. There are no mitigating factors to what he did.

averylongtimeago · 13/12/2023 10:19

When you fill the form in to plead guilty (by post) there is a space to put what happened. Best not to make excuses- groveling apologies are best.

There will be a fine and points. No insurance, no mot, no license. What a Wally.

averylongtimeago · 13/12/2023 10:20

And don't say the police were wrong- won't help his case at all.

Thesearmsofmine · 13/12/2023 10:22

I would apologise over making what sound like feeble excuses (he could have got a taxi or ridden a bike rather than drive illegally).

Dogsitterwoes · 13/12/2023 10:22

He obviously does it regularly if that's how he commutes.
So mentioning work will make it worse, I would thought.

I can't imagine any believable reason why he needed to drive illegally to help you at 2am.

He was breaking the law. He should just plead guilty without trying to excuse his choice to do this.

curaçao · 13/12/2023 10:22

I assume it was not a one off, otherwise how dies ge normally get to and from work.
It is the ops business because it was her car he was driving!!

YetMoreNewBeginnings · 13/12/2023 10:24

You need to take proper legal advice. If he makes it sound like you needed him to do it and you knew that an unlicensed and uninsured driver was driving your car you may end up in trouble as well.

FiveShelties · 13/12/2023 10:24

He should just plead guilty, I cannot think of any excuse which would help - an apology might though.

Beinghonestforonce · 13/12/2023 10:25

There isnt really any excuse for this, i have a disabled child but my car is fully insured, serviced, MOTd and i have a driving license. If you want to drive, that is the procedure, if you cant you get the train, walk, pedal or call a taxi. I would not try making feeble excuses, just apologise and suck it up.

curaçao · 13/12/2023 10:25

curaçao · 13/12/2023 10:22

I assume it was not a one off, otherwise how dies ge normally get to and from work.
It is the ops business because it was her car he was driving!!

.
And it had no mot

AmandaHoldensLips · 13/12/2023 10:27

So he clearly regularly drives with no licence and no insurance?
There is no excuse for this and I hope they throw the book at him.

Bromptotoo · 13/12/2023 10:28

A lot of judgement here. OP knows it's wrong and wants help.

No Mot is, I think, usually a fixed penalty - £100.

Unaccompanied on a Provisional is the killer - up to £1k fine and 6 points. The points will stay after he passes his test and, as a new driver he'll only need a single speeding offence to be back to square one and have to take his test again.

It'll affect insurance too.

Difficult to see any defence so it's guilty plea + mitigation.

As above proper legal advice needed. Solicitor will advise whether attending court 'suited and booted' and expressing his regret/mitigation in person will help.

EggNoggin · 13/12/2023 10:31

He wouldn't have been insured, either. OP says he was charged on 3 counts, so perhaps insurance was the third.

Neitheronethingnortheother · 13/12/2023 10:31

I'm not sure how you being pregnant and having a disabled child can be mitigation for this?

Maybe if you were away and your child needed rushing to hospital and there was a simultaneous bus and ambulance strike I could at a stretch see a mitigation.

But as it stands he clearly does this regularly as this is his work commute so its nothing to do with his child's disability and as a disabled person who cannot drive due to my disability I find it mildly abhorrent that you are trying to use this as mitigation.

rainpleasestop · 13/12/2023 10:32

There is no excuse I'm afraid.

TragicMuse · 13/12/2023 10:35

The problem is that these are strict liability offences which means that you either did the thing or you didn't.

He either has a valid licence or he doesn't.

He's either driving supervised and with L plates or he isn't.

The car either has an MOT or it doesn't.

The only mitigation for the MOT would be if he was on his way to the test place right then. But even then your MOT can be booked before the current one expires so it's not really much of an excuse.

And not having a valid MOT invalidates your insurance.

I'm sorry OP, there's nothing that will change the perception of what happened. His licence doesn't allow him to drive unsupervised and there's absolutely nothing you can do about that.

I'm also really doubtful about opportunities to mitigate and reduce the fine and/or points but it's slim because he's already indicated that a) this is commuting so reasonable to assume it's regular and habitual behaviour and b) you presumably aren't going to be supervising him on every drive.

He's going to have to suck it up.

FetchezLaVache · 13/12/2023 10:35

Are you fuming at your partner's utter irresponsibility or at the temerity of the authorities in proposing to punish him for it?

1smallhamsterfoot · 13/12/2023 10:36

How often does he drive alone?? Sounds pretty regular

SoRainbowRhythms · 13/12/2023 10:39

TragicMuse · 13/12/2023 10:35

The problem is that these are strict liability offences which means that you either did the thing or you didn't.

He either has a valid licence or he doesn't.

He's either driving supervised and with L plates or he isn't.

The car either has an MOT or it doesn't.

The only mitigation for the MOT would be if he was on his way to the test place right then. But even then your MOT can be booked before the current one expires so it's not really much of an excuse.

And not having a valid MOT invalidates your insurance.

I'm sorry OP, there's nothing that will change the perception of what happened. His licence doesn't allow him to drive unsupervised and there's absolutely nothing you can do about that.

I'm also really doubtful about opportunities to mitigate and reduce the fine and/or points but it's slim because he's already indicated that a) this is commuting so reasonable to assume it's regular and habitual behaviour and b) you presumably aren't going to be supervising him on every drive.

He's going to have to suck it up.

Exactly this. It's very black and white - he has broken the law.

Driving without a full and proper licence invalidates insurance.

JanefromLondon1 · 13/12/2023 10:41

This reply has been withdrawn

This has been withdrawn due to privacy concerns.

DottieMoon · 13/12/2023 10:42

I don't want to offend you you but you sound ridiculous.

There is not explaining himself. He broke the law by driving a car with a provisional licence without a valid MOT. He put other people in danger.
It doesn't matter that he was using the car for work or that he has a family at home, why do you think that makes any difference and that the law doesn't apply! He deserves to have the book thrown at him as that's the only way people like you and him learn you are not above the law.

THERE IS NO EXCUSE!

bumtrumpet · 13/12/2023 10:42

What a coincidence that they caught him the very first time he committed these offences. There aren't any defences to this AND if you try to say he was helping you, you might find yourself booked for knowing allowing him to drive your car. What a prat, sounds like he's going to be a totally responsible father.

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