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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:
DiaNaranja · 14/12/2023 16:16

DaveWatts · 14/12/2023 13:14

It's actually quite a minor offence in driving terms - 3 points and a fine are all you can get for it.

Not saying that's right mind you! But that's what the punishment is.

You can get 6 points for driving on a provisional licence, which I'm guessing he was? 3 points is for usually driving with an invalid licence, i.e expired or wrong details. If he was driving on a provisional, then he will get 6 points and even if he does pass his test, you aren't allowed 6 within the first 2 years of driving, so I can't see him being able to legally drive anytime soon

Beach11 · 14/12/2023 16:29

He needs to man up & accept he did wrong & got caught.

Why are you defending him? He broke the law.

Shade17 · 14/12/2023 16:30

If he was driving on a provisional, then he will get 6 points and even if he does pass his test, you aren't allowed 6 within the first 2 years of driving, so I can't see him being able to legally drive anytime soon

Those 6 points wouldn’t count for the purposes of the 2 year rule.

DaveWatts · 14/12/2023 16:44

DiaNaranja · 14/12/2023 16:16

You can get 6 points for driving on a provisional licence, which I'm guessing he was? 3 points is for usually driving with an invalid licence, i.e expired or wrong details. If he was driving on a provisional, then he will get 6 points and even if he does pass his test, you aren't allowed 6 within the first 2 years of driving, so I can't see him being able to legally drive anytime soon

Not necessarily - you will quite often get just three for driving on a provisional without supervision. Depends on the magistrate of course, but you're more likely to get the higher number of points if you're driving having never held any type of licence ime.

uncomfortablydumb53 · 14/12/2023 16:52

If you didn't know he was taking your car TWOC is another charge!
Good luck with everything

NeverDropYourMooncup · 14/12/2023 17:11

Eveh13 · 14/12/2023 15:01

First of all, no, he usually does not drive by himself, because I have another car, so I do take him to and from work. I am fuming with what he did and obviously he needs to get his head above water and deal with it, he has no chance of pleading not guilty. Hence, I wrote this post. Obviously, is not an excuse for him to be driving alone but still I thought of getting advice from you all. Thank you for some of your advice, I appreciate it.

That's not really going to help much, because it now appears that he has his own car in your name to regularly commute to work.

He needs to either plead guilty by post or turn up and try and make his ridiculous excuses in person in the hope that they like the look of him trying to appear contrite.

If he'd got a load of parking and traffic offences - or injured somebody and left the scene - it would have been you they came after, thanks to you fronting the insurance to keep the premium down and putting it in your name instead of his.

littlebopeepp234 · 14/12/2023 17:22

NeverDropYourMooncup · 14/12/2023 17:11

That's not really going to help much, because it now appears that he has his own car in your name to regularly commute to work.

He needs to either plead guilty by post or turn up and try and make his ridiculous excuses in person in the hope that they like the look of him trying to appear contrite.

If he'd got a load of parking and traffic offences - or injured somebody and left the scene - it would have been you they came after, thanks to you fronting the insurance to keep the premium down and putting it in your name instead of his.

That’s what I was thinking. He has obviously gone and bought a car and op has agreed to put it in her name so she knew full well he was driving it and allowing him to drive a car in her name. So I’m not sure what she’s now fuming at. Fuming he got caught I think lol

housethatbuiltme · 14/12/2023 17:26

Eveh13 · 14/12/2023 14:59

First of all, no, he usually does not drive by himself, because I have another car, so I do take him to and from work. I am fuming with what he did and obviously he needs to get his head above water and deal with it, he has no chance of pleading not guilty. Hence, I wrote this post. Obviously, is not an excuse for him to be driving alone but still I thought of getting advice from you all. Thank you for some of your advice, I appreciate it.

Where did you think the car was?

Why do you own 2 cars when only one of you can drive?

How did you think he was getting to work?

What do you mean 'usually'? it should be NEVER.

The more you try to explain the worse it gets, you keep digging your grave, Put down the shovel, take responsibility, say sorry and accept whatever punishment is coming.

The more sincere your regret (which I doubt you can manage as you don't see to be remorseful at all just defensive) the less sentence you will get. The more you argue 'but...' the harsher the book will be stotted off you because you aren't very good at lying.

LIZS · 14/12/2023 18:26

How would he normally get home after work at 2am? Presumably you don't get your child up to give lifts at that tine of night.

Littlegoth · 14/12/2023 18:57

It depends on what the MOT has failed on. If it’s got a dangerous fault you can’t drive it even if your previous certificate is still in date.

Shade17 · 14/12/2023 19:08

Littlegoth · 14/12/2023 18:57

It depends on what the MOT has failed on. If it’s got a dangerous fault you can’t drive it even if your previous certificate is still in date.

Indeed, but you can if you fix it.

Littlegoth · 14/12/2023 20:00

Shade17 · 14/12/2023 19:08

Indeed, but you can if you fix it.

Well obviously…. My comment was in response to the comments suggesting the car could still be driven with faults if the previous MOT certificate is in date.

Eveh13 · 14/12/2023 20:10

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

Thank you all for your advice and I am sorry I haven't replied to single of you, there are many comments although some of them were unnecessarily rude. Obviously, no one of us was driving it until the mot until he did. Was going to take an exam after Christmas but now he won't lol
I only wrote this post with an initial information on how to write to plead guilty to all charges and I am not in defensive, rather just asking for advice. I understand some people want to blame others for other people's mistake, but hey, it can happen to anyone.

OP posts:
Eveh13 · 14/12/2023 20:13

It's not marked as dangerous vehicle. Just needed to renew.

OP posts:
littlebopeepp234 · 14/12/2023 20:13

Eveh13 · 14/12/2023 20:10

Thank you all for your advice and I am sorry I haven't replied to single of you, there are many comments although some of them were unnecessarily rude. Obviously, no one of us was driving it until the mot until he did. Was going to take an exam after Christmas but now he won't lol
I only wrote this post with an initial information on how to write to plead guilty to all charges and I am not in defensive, rather just asking for advice. I understand some people want to blame others for other people's mistake, but hey, it can happen to anyone.

Surprising how you don’t want to take any responsibility for your part in all this! You obviously let him drive a car that was in your name, not sure how you were expecting people to respond to you. I have no sympathy op, sorry!

housethatbuiltme · 14/12/2023 20:18

Eveh13 · 14/12/2023 20:13

It's not marked as dangerous vehicle. Just needed to renew.

I assume its SORN (as its illegal to have it sans MOT if its not) sorn litrally means 'removed from road' as in it is not road legal regardless of perceived condition.

It doesn't matter if its cut in half or has bathroom sponges for breaks or if its better than brand new... it is still illegal.

Littlegoth · 14/12/2023 20:32

@Eveh13 No it can’t ’happen to anyone’.

You don't forget you aren’t allowed to drive and then accidentally fall repeatedly into a car, which then magically sets off. Stop minimising it.

Shade17 · 14/12/2023 20:33

I assume its SORN (as its illegal to have it sans MOT if its not)

Rubbish

PossumintheHouse · 14/12/2023 21:07

Eveh13 · 14/12/2023 20:10

Thank you all for your advice and I am sorry I haven't replied to single of you, there are many comments although some of them were unnecessarily rude. Obviously, no one of us was driving it until the mot until he did. Was going to take an exam after Christmas but now he won't lol
I only wrote this post with an initial information on how to write to plead guilty to all charges and I am not in defensive, rather just asking for advice. I understand some people want to blame others for other people's mistake, but hey, it can happen to anyone.

So were you aware he was driving one of your cars to and from work.

And nope, you’re right. He won’t be taking his exam any time soon. Lol.

StarlightLime · 14/12/2023 21:13

Eveh13 · 14/12/2023 20:10

Thank you all for your advice and I am sorry I haven't replied to single of you, there are many comments although some of them were unnecessarily rude. Obviously, no one of us was driving it until the mot until he did. Was going to take an exam after Christmas but now he won't lol
I only wrote this post with an initial information on how to write to plead guilty to all charges and I am not in defensive, rather just asking for advice. I understand some people want to blame others for other people's mistake, but hey, it can happen to anyone.

Just plead guilty 🤷🏻‍♀️ Your pregnancy is not a mitigating factor, and no; this is really not "just one of those things that can happen to anybody".
.
Shame on you for taking it so lightly.

Mochudubh · 14/12/2023 21:43

OP

Either you knew, in which case you're guilty of "causing and permitting" and equally liable and you face the consequences.

OR

You didn't know in which case he took it without your consent (TWOC ) and you will need to give a statement to police saying that and your partner faces the consequences.

Which is it?

Trez1510 · 15/12/2023 05:41

I'm still giggling at the OP looking to use the police officer's decision to not include the driver's confession of having driven to and from work as some sort of 'get out' clause.

Gonnagetgoingreturnsagain · 15/12/2023 09:48

Eveh13 · 14/12/2023 20:10

Thank you all for your advice and I am sorry I haven't replied to single of you, there are many comments although some of them were unnecessarily rude. Obviously, no one of us was driving it until the mot until he did. Was going to take an exam after Christmas but now he won't lol
I only wrote this post with an initial information on how to write to plead guilty to all charges and I am not in defensive, rather just asking for advice. I understand some people want to blame others for other people's mistake, but hey, it can happen to anyone.

It cannot “happen to anyone!”. You’re really minimising your DH and your parts in this and saying “oh he was going to take Test in new year” like it excuses him.

I hope your DH gets the book thrown at him.

Neitheronethingnortheother · 15/12/2023 09:51

Trez1510 · 15/12/2023 05:41

I'm still giggling at the OP looking to use the police officer's decision to not include the driver's confession of having driven to and from work as some sort of 'get out' clause.

But apparently everyone else is "blaming others for other people's mistakes" but not the OP, oh no she would never do that...

Gonnagetgoingreturnsagain · 15/12/2023 09:52

housethatbuiltme · 14/12/2023 17:26

Where did you think the car was?

Why do you own 2 cars when only one of you can drive?

How did you think he was getting to work?

What do you mean 'usually'? it should be NEVER.

The more you try to explain the worse it gets, you keep digging your grave, Put down the shovel, take responsibility, say sorry and accept whatever punishment is coming.

The more sincere your regret (which I doubt you can manage as you don't see to be remorseful at all just defensive) the less sentence you will get. The more you argue 'but...' the harsher the book will be stotted off you because you aren't very good at lying.

OP just wants to get away with this as does her DH.

In fact all the people out there who are pregnant/have a disabled child (or other similar circumstances) it really puts the boot into them when they are driving and doing everything else legally rather than OP and her DH.

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