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Original poster

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:
housethatbuiltme · 13/12/2023 20:19

LIZS · 13/12/2023 20:17

Of course it is. But what I am suggesting is that something else in the way he was driving might have drawn attention first. ANPR cameras may flag insurance issues but MOT would usually be checked after stopping the driver, unless a defect were obvious.

ANPR cameras automatically check the MOT.

LIZS · 13/12/2023 20:22

And if vehicle were listed as stolen, involved in an accident or crime, speeding etc.

2chocolateoranges · 13/12/2023 20:40

He needs to just plead guilty. No excuses, just plead guilty.

there is a reason why we need to pass a test to be able to legally drive.

littlebopeepp234 · 13/12/2023 21:01

LittleLordDamienFauntleroy · 13/12/2023 18:57

Ex regularly drove without license and over the limit/on drugs

It wasn’t lack of knowledge, or lack of money, or needing to be ‘help’ to family Hmm

It was because he was a selfish bastard who thought the law or indeed any rule or social convention just didn’t apply to him

All PPs have dealt with the driving stuff so I’m gonna add this:

Selfish bastards who think they are above the law, and who try to involve others in making excuses/covering up for their crimes are not likely to be loving caring and kind to anyone except themselves

OP you are pregnant, and that can be a point at which abuse starts or increases, ditto times when the potential abuser feels ‘caught out’ or ‘unfairly’ criticised

You are on here teaming yourself to him & his bad choices with ‘we’ and asking for help to solve the natural consequences of his bad choices

Maybe you are a bit dodgy yourself and fully support his bad choices 🤷🏻‍♀️

But on the chance that you disagree with what he has done and are at heart a decent person then I’m gonna urge you to have a chat with someone in rl who can support you

Because his level of entitlement wrt what he has done may well be indicative that he is selfish, entitled, blame-shifting & consequence-dodging arsehole within his personal relationships too

You will be cleaning up after an actual baby soon enough, don’t be fooled into cleaning up this man-baby’s shit into the bargain

Eh? It was HER car. She knowingly allowed him to drive it with no license and NO MOT! She is also a SELFISH BASTARD WHO THINKS SHES ABOVE THE LAW!! They are in it together! She is now trying to find excuses to make both herself and him somehow seem innocent - by using her pregnancy and disabled child as an excuse and coming on here hoping people will help her out!!! What part of what she has said in her op makes you think she is somehow being abused! She is abusing her own children by dragging them into it to try and somehow use them as an excuse for committing a crime of allowing her partner to use her car! The only exception to this is IF he took the car without her permission but as he was using it to get to and from work it would seem likely this is not the only time he has used her car and that she knew full well! They BOTH have a level of entitlement and selfishness, her post is all about ME, ME, ME!!

notmorezoom · 13/12/2023 21:17

LIZS · 13/12/2023 20:17

Of course it is. But what I am suggesting is that something else in the way he was driving might have drawn attention first. ANPR cameras may flag insurance issues but MOT would usually be checked after stopping the driver, unless a defect were obvious.

An ANPR will flag no MOT, it's a really serious offence, similar to no insurance. Definitely enough on its own to get you pulled over.

Shade17 · 13/12/2023 21:37

notmorezoom · 13/12/2023 21:17

An ANPR will flag no MOT, it's a really serious offence, similar to no insurance. Definitely enough on its own to get you pulled over.

Show quote history

It will but it’s not as serious as no insurance, the punishment is way less severe. It’s not even endorsable, usually just £100 fixed penalty. I’m not condoning it of course, just pointing out that as motoring offences go it’s one of the most minor.

notmorezoom · 13/12/2023 21:52

RAC website:

You can be fined up to £1,000 for driving a car without a valid MOT.
If you drive a vehicle deemed ‘dangerous’ by an MOT test, you can be fined up to £2,500, be banned from driving and receive 3 penalty points.

notmorezoom · 13/12/2023 21:53

Also RAC

If you’re caught driving a vehicle you’re not insured to drive, the police will hand out a minimum:

  • fixed penalty fine of £300
  • 6 penalty points
The police will decide whether more serious cases are to be handled in court. These may include cases where a driver has never passed a driving test, has given false details or was driving a higher risk vehicle, like a HGV. A court can issue:
  • an unlimited fine
  • disqualification from driving

Doesn't seem like no insurance is necessarily more punished than no MOT...........

Shade17 · 13/12/2023 22:46

You can be fined up to £1,000 for driving a car without a valid MOT.

Up to £1000. The usual punishment is a £100 fixed penalty.

If you drive a vehicle deemed ‘dangerous’ by an MOT test, you can be fined up to £2,500, be banned from driving and receive 3 penalty points.

This is for driving a vehicle in a dangerous condition, it has nothing to do with its MOT status.

Doesn't seem like no insurance is necessarily more punished than no MOT...........

It does if you know what you’re talking about……..

BrimfulOfMash · 13/12/2023 22:52

OP: he can plead guilty, But if he goes to court he will have a on the day solicitor who makes the mitigation case for sentencing. So may well outline your personal circumstances. Good to let the magistrate see your DP, and for your DP to be seen to be contrite and taking responsibility.

SecretLegalAdviser · 13/12/2023 23:04

He would not be entitled to free “on the day” legal advice at court as these offences are not imprisonable.
Almost certainly this would be dealt with under the Single Justice Procedure and he will not need to attend court. If he pleads guilty, he will be fined for the no insurance (150% of weekly income less one third for g plea, so roughly a week’s income) + victim surcharge (40% of fine) + costs (probably £90). Licence endorsed with 6 points. I would expect No Separate Penalty for the MOT & licence offences, apart from licence endorsed (no points) for the licence offence.
He will NOT be sent to prison or given unpaid work or thinking skills programmes. He is unlikely to be banned from driving unless he already has points on his driving record. There is no need to seek legal advice.

Magistrates deal with hundreds of cases like this every day. They follow the sentencing guidelines, not the moral outrage displayed on this thread.

whynotwhatknot · 13/12/2023 23:05

he clearly has been driving to work for more than one shift otherwise you wouldnt be saying you'll use it as mitigating
you cant compare it with someone who actually has a license and will ask to keep it because they need a car for work-your partner doesnt even have one in the firs tplace!

just accept the points and tell him to get a bike

OlderGlaswegianLivingInDevon · 14/12/2023 00:38

237 replies / 10 pages, and I don't believe the OP has been back...

Laffinalltheway · 14/12/2023 08:41

OlderGlaswegianLivingInDevon · 14/12/2023 00:38

237 replies / 10 pages, and I don't believe the OP has been back...

I'll be very surprised if we hear from her again...

NonPlayerCharacter · 14/12/2023 08:50

He is unlikely to be banned from driving unless he already has points on his driving record.

You don't get banned for driving without the necessary licence, no MOT and therefore no insurance??

sashh · 14/12/2023 10:42

@recyclemeagain it sounds like you got yourself a keeper, it must have been difficult for you both at that time.

DaveWatts · 14/12/2023 10:53

NonPlayerCharacter · 14/12/2023 08:50

He is unlikely to be banned from driving unless he already has points on his driving record.

You don't get banned for driving without the necessary licence, no MOT and therefore no insurance??

No, not usually. If you've got previous the magistrates might give you a short ban but it doesn't happen very often.

Automatic disqualification is reserved for drink driving, totting etc.

StarlightLime · 14/12/2023 10:56

I find it hard to believe that driving without a licence doesn't get you banned from driving 😵‍💫

NonPlayerCharacter · 14/12/2023 11:18

DaveWatts · 14/12/2023 10:53

No, not usually. If you've got previous the magistrates might give you a short ban but it doesn't happen very often.

Automatic disqualification is reserved for drink driving, totting etc.

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That's crazy. Driving without being qualified, in a vehicle without its MOT, and automatically uninsured because of both these factors, should absolutely get you a ban.

Shade17 · 14/12/2023 11:22

NonPlayerCharacter · 14/12/2023 11:18

That's crazy. Driving without being qualified, in a vehicle without its MOT, and automatically uninsured because of both these factors, should absolutely get you a ban.

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Driving without an MOT doesn’t automatically mean you’re not insured. It might do if the T&Cs of your policy state that it has to have an MOT but it’s not always the case.

caringcarer · 14/12/2023 11:38

Quite honestly I hope they throw the book at him. No MOT means nobody should be driving the car it is not safe/roadworthy. No licence just means he has no regard for the safety of others and any insurance would be invalidated by not having a valid MOT or insurance. Did he steal the car without your knowledge or did you give him the keys? Now with points on his licence even when he passes his test he will be virtually uninsurable the cost will be so high. Being pregnant is absolutely no excuse. If you gave him the keys you should be charged too.

NonPlayerCharacter · 14/12/2023 11:42

Shade17 · 14/12/2023 11:22

Driving without an MOT doesn’t automatically mean you’re not insured. It might do if the T&Cs of your policy state that it has to have an MOT but it’s not always the case.

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How about driving without the required licence?

Shade17 · 14/12/2023 11:51

NonPlayerCharacter · 14/12/2023 11:42

How about driving without the required licence?

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I wasn’t questioning your statement on that!

Shade17 · 14/12/2023 11:59

No MOT means nobody should be driving the car it is not safe/roadworthy

I agree that nobody should be driving it but it doesn’t mean the car isn’t safe or roadworthy. All an MOT tells you is that it was roadworthy at a single point in time. A car which had a fresh MOT yesterday can quite easily become unsafe today and likewise a car that’s a month past its MOT expiry can be 100% safe.

I think the paperwork status is such a minor offence as there is separate legislation for dealing with a car in a dangerous condition which has much more severe consequences. For example, I could have a car which failed its MOT well ahead of expiry, drive it and be prosecuted for driving a car in a dangerous condition but not for having no MOT as the previous MOT would still be valid, the two things are quite separate.

NonPlayerCharacter · 14/12/2023 12:35

Shade17 · 14/12/2023 11:59

No MOT means nobody should be driving the car it is not safe/roadworthy

I agree that nobody should be driving it but it doesn’t mean the car isn’t safe or roadworthy. All an MOT tells you is that it was roadworthy at a single point in time. A car which had a fresh MOT yesterday can quite easily become unsafe today and likewise a car that’s a month past its MOT expiry can be 100% safe.

I think the paperwork status is such a minor offence as there is separate legislation for dealing with a car in a dangerous condition which has much more severe consequences. For example, I could have a car which failed its MOT well ahead of expiry, drive it and be prosecuted for driving a car in a dangerous condition but not for having no MOT as the previous MOT would still be valid, the two things are quite separate.

I don't think I follow this. If it failed its MOT, how do you have an MOT?

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