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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:
Lifeasiknowitisout · 13/12/2023 13:14

LadyBird1973 · 13/12/2023 10:55

People are struggling to pay for everything, the way things are at the moment. He needs get to work to keep their heads above water and probably couldn't afford the driving test and insurance. Not excusing what he did, but I imagine it's something he felt he had to do, just to keep things ticking over financially. Few people drive like this through not caring - a man who is working at night and looking after a pregnant wife and disabled child is unlikely to be a boy racer type who doesn't give a shit about safety.
Again, not excusing it - it's incredibly risky and potentially very dangerous but I don't think it would have happened unless they felt forced into it by life circumstances. OP is pregnant and stressed .
You need legal advice asap OP

Imagine it was your lives that he crashed into and hurt or worse?

Would you be saying ‘oh no, cost of living he couldn’t help it’

Jabbawocki · 13/12/2023 13:17

I'm 9 months pregnant and my partner only has a provisional, I would never let him drive my car alone without MOT and he never would never think to do it. Being pregnant is no excuse and the legal system won't accept it either. The law doesn't work like that. No point trying to make excuses, he needs to own his shit and not do it again.

StarlightLime · 13/12/2023 13:18

"I know that I should not have been driving. My wife was 7 months pregnant at the time and we have a disabled child at home. I was worried about them, and I made the foolish decision to drive so I could get back to them quicker than taking the bus
How is this a mitigating circumstance? He was travelling to work, this is just an admission that he does it on a regular basis 😵‍💫

littlebopeepp234 · 13/12/2023 13:22

LadyBird1973 · 13/12/2023 10:55

People are struggling to pay for everything, the way things are at the moment. He needs get to work to keep their heads above water and probably couldn't afford the driving test and insurance. Not excusing what he did, but I imagine it's something he felt he had to do, just to keep things ticking over financially. Few people drive like this through not caring - a man who is working at night and looking after a pregnant wife and disabled child is unlikely to be a boy racer type who doesn't give a shit about safety.
Again, not excusing it - it's incredibly risky and potentially very dangerous but I don't think it would have happened unless they felt forced into it by life circumstances. OP is pregnant and stressed .
You need legal advice asap OP

Yeah because owning and keeping a car is completely free! Not!!

Howmanycatsistoomany · 13/12/2023 13:24

So you're fuming because your partner stole your car and got caught? Or you're fuming because you were stupid enough to let an uninsured driver drive your car, which had no MOT (and therefore no insurance)?

BluebellTimeInKent · 13/12/2023 13:25

StarlightLime · 13/12/2023 13:18

"I know that I should not have been driving. My wife was 7 months pregnant at the time and we have a disabled child at home. I was worried about them, and I made the foolish decision to drive so I could get back to them quicker than taking the bus
How is this a mitigating circumstance? He was travelling to work, this is just an admission that he does it on a regular basis 😵‍💫

If you read the whole paragraph, you will see that the focus of the mitigation is on remorse. "I did a stupid thing, I thought I had a good reason at the time but now realise I was a wally, I am very sorry about it." Is the gist. Since the police have kindly omitted that he was on the way home from work from their notes, it doesn't form part of the case against him and even if the magistrates cynically suspect it to be the case - which is unlikely that they would even give it a second though, because they do dozens of these a day and most of them are non-responses - they can't treat a hunch as an aggravating factor.

The court will already have a record of any previous.

Howmanycatsistoomany · 13/12/2023 13:26

*uninsured driver without a license

Borth · 13/12/2023 13:29

There are no mitigating circumstances here I’m afraid. Plead guilty and take the outcome.

Nicknacky · 13/12/2023 13:30

BlazingJune · 13/12/2023 12:59

The one thing you don't say @Eveh13 is why he was pulled over at 2am.

Driving erratically?
Possibly appearing drunk?

Not following the Highway Code?

Police need a reason to stop a car.

No they don’t.

mottytotty · 13/12/2023 13:30

What the actual fuck is wrong with people? OP IS NOT HER HUSBAND. SHE IS NOT RESPONSIBLE FOR HIS POOR DECISIONS INCLUDING DRIVING A CAR.

OP, here is what my husband the idiot did to avoid a driving ban when he had 12 speeding points. I'm not sure what punishment your DH will get? Anyway:

  • he actually went to court to make his case
  • he took evidence to show how much hardship a driving ban would cause him and his family
  • this included his mother's Blue Badge as he drives her to her muskoloskeletal / physiotherapy appointments
  • included letters of her correspondence with GP and specialists
Your DH could do the same, showing how important any future driving license is to your family, such as your doctor/mid-wife appointments.

The key is to show hardship to his family. It worked for my DH, he didn't get a ban and hasn't had any points since.

Good luck. Meanwhile, there's me. I've never had a single point in my life, and have 18 years no claims bonus. I am not responsible for my husband.

TheGrimm · 13/12/2023 13:30

If you were complicit your insurance maybe null and void now so you better check you are still insured legally after this happened in your car.

Chocolatecakewithsprinkles · 13/12/2023 13:31

There is no excuse for driving without insurance it's a legal requirement for a reason along with passing tests and @LadyBird1973 I can't afford to be hit by an uninsured driver stressed or not.

Tiffany88 · 13/12/2023 13:32

Coming from experience (bestfriends ex) nothing with happen he'll most probs just get a temporary ban which is normally like 6 months to start off with or a fine he was caught like 3 or 4 times driving with no license or insurance never got prison time always just got away with it

housethatbuiltme · 13/12/2023 13:35

mottytotty · 13/12/2023 13:30

What the actual fuck is wrong with people? OP IS NOT HER HUSBAND. SHE IS NOT RESPONSIBLE FOR HIS POOR DECISIONS INCLUDING DRIVING A CAR.

OP, here is what my husband the idiot did to avoid a driving ban when he had 12 speeding points. I'm not sure what punishment your DH will get? Anyway:

  • he actually went to court to make his case
  • he took evidence to show how much hardship a driving ban would cause him and his family
  • this included his mother's Blue Badge as he drives her to her muskoloskeletal / physiotherapy appointments
  • included letters of her correspondence with GP and specialists
Your DH could do the same, showing how important any future driving license is to your family, such as your doctor/mid-wife appointments.

The key is to show hardship to his family. It worked for my DH, he didn't get a ban and hasn't had any points since.

Good luck. Meanwhile, there's me. I've never had a single point in my life, and have 18 years no claims bonus. I am not responsible for my husband.

Edited

It HER car so either it was stolen in which she is a victim and everything worse for him (which it wasn't) or she is absoloutly a willing accomplice to several crimes.

OP is absoloutly to blame for knowingly taking part in a crime.

Avatartar · 13/12/2023 13:36

He needs to take responsibility for his own life- he can’t drive to the standards required because he hasn’t passed his test. No MOT = unroadworthy vehicle.
he needs to take responsibility for other road users
he needs to take responsibility for his kids - once he can drive and has a roadworthy vehicle he can get insurance ( motor and life cover) which will probably respond if he injures himself/ dies.
i could say more but note you are pregnant and likely vulnerable- I think you get the drift

CHRIS003 · 13/12/2023 13:38

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.

I agree also why does she mention disabled child as well ?
She says she has her own licence - so surely she can still drive ?
So none of these factors are relevant to her partners case surely ?
People have also mentioned that he will get 6 points after he passes his test.
They are assuming he was planning to pass a test !
Where I live you see reports all the time about people driving around with no mot and no licence or provisional etc and they have probably been doing it for years.
He should just accept the consequences- the fact that he was caught at 2.00am in the middle of the night does not say to me that he was a novice - he has probably been driving this way for a long time and has just never got caught.

Viviennemary · 13/12/2023 13:38

He should attend court and explain.but really it's a bit feeble. No licence and no MOT no insurance. All together equals no excuse. Why no MOT. Awful.

whatdidshedotogetahillnamedafterher · 13/12/2023 13:39

Sounds to me like he has been bang at it for a while and both of you are fuming he got caught. Time to grow up I think give your heads a wobble and start to become responsible members of society, forget about lying further to try and cover this mess up too,as the court will see right through it. It was a stupid,dangerous thing you both colluded in him doing so ....

littlebopeepp234 · 13/12/2023 13:41

mottytotty · 13/12/2023 13:30

What the actual fuck is wrong with people? OP IS NOT HER HUSBAND. SHE IS NOT RESPONSIBLE FOR HIS POOR DECISIONS INCLUDING DRIVING A CAR.

OP, here is what my husband the idiot did to avoid a driving ban when he had 12 speeding points. I'm not sure what punishment your DH will get? Anyway:

  • he actually went to court to make his case
  • he took evidence to show how much hardship a driving ban would cause him and his family
  • this included his mother's Blue Badge as he drives her to her muskoloskeletal / physiotherapy appointments
  • included letters of her correspondence with GP and specialists
Your DH could do the same, showing how important any future driving license is to your family, such as your doctor/mid-wife appointments.

The key is to show hardship to his family. It worked for my DH, he didn't get a ban and hasn't had any points since.

Good luck. Meanwhile, there's me. I've never had a single point in my life, and have 18 years no claims bonus. I am not responsible for my husband.

Edited

But the whole point of this thread is that he was on a PROVISIONAL license and so should never have been driving unsupervised anyway! It is one thing getting a driving ban when you have a full uk driving license but it’s quite another when you have been driving without passing your test first! It doesn’t matter what his reasons for doing it were. Showing how much hardship a driving ban would be - he shouldn’t have been driving in the first place end of. He hasn’t passed his test so pointless showing them any future letters of appointments due to pregnancy as the baby will no doubt already be born after passing his test (if he gets that far now) and so would be extremely pointless!

justasking111 · 13/12/2023 13:41

Wely@Eveh13 dropped the shock bomb thread this morning and like a genie disappeared. 🙄

StarlightLime · 13/12/2023 13:41

mottytotty · 13/12/2023 13:30

What the actual fuck is wrong with people? OP IS NOT HER HUSBAND. SHE IS NOT RESPONSIBLE FOR HIS POOR DECISIONS INCLUDING DRIVING A CAR.

OP, here is what my husband the idiot did to avoid a driving ban when he had 12 speeding points. I'm not sure what punishment your DH will get? Anyway:

  • he actually went to court to make his case
  • he took evidence to show how much hardship a driving ban would cause him and his family
  • this included his mother's Blue Badge as he drives her to her muskoloskeletal / physiotherapy appointments
  • included letters of her correspondence with GP and specialists
Your DH could do the same, showing how important any future driving license is to your family, such as your doctor/mid-wife appointments.

The key is to show hardship to his family. It worked for my DH, he didn't get a ban and hasn't had any points since.

Good luck. Meanwhile, there's me. I've never had a single point in my life, and have 18 years no claims bonus. I am not responsible for my husband.

Edited

Op's dh was not speeding; he was driving an uninsured vehicle without a licence.
Slightly more forethought there.

viques · 13/12/2023 13:42

WhyamIinahandcartandwherearewegoing · 13/12/2023 13:05

Question - how were you planning to be transported to hospital when you go into labour? By your dangerous driving, unqualified partner?

Well technically if the OP has a full licence , they put L plates on and assuming they had got round to getting the MOT, it would have been fine for him to drive her to hospital.

He would of course have then had to take the bus home and leave the car in the car park, unless she delivered the baby quickly, there were no complications and they had remembered to bring the car seat.……..

whatfreshheck · 13/12/2023 13:43

You are getting off lightly. They could also have done you for letting him drive the car with no insurance, licence or MOT. Tell him to apologise and not be such a knob in the future.

FrostyGlitter · 13/12/2023 13:44

So he doesn't have a full driving licence
He's not insured as he was unaccompanied
The car doesn't have an MOT
He was 'helping you' by coming home from work and you think he should get a reduced sentence

The mind boggles at the entitlement emanating from the pair of you.

Heyhoherewegoagain · 13/12/2023 13:46

It’s got nothing to do with you,, and if you don’t drop this “we” no sense you could find yourself charged with “cause and permit”

It’s the police’s job to report the facts of the matter to the CPS (In England, Procurator Fiscal in Scotland), the facts, not the excuses

Your car was seized under S165 of the road traffic act, driving without insurance….its NOTHING to do with you.

It sounds like this absolutely isn’t the first time he’s done it either, if he was caught coming home from work, it means he drove there.

There is no mitigation, he drove illegally and was caught. I can’t stand idiots who do this-it’s a nightmare for people who are involved in accidents for unlicensed/insured drivers

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