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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:
littlebopeepp234 · 13/12/2023 13:46

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.

Plus somehow thinks they should drag their disabled child and unborn child into it to use as an excuse!

uncomfortablydumb53 · 13/12/2023 13:48

You must have known he was doing this!!
Your intended mitigating circumstances will make it worse not better
You're domestic circumstances don't come above the law
He's likely to get enough points to get a ban
As an aside, your car as the registered owner has no mot so you will be fined also and your insurance will be void
How bloody irresponsible

CountTo10 · 13/12/2023 13:49

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

Yes she does bear some responsibility and she's lucky she's not be prosecuted for cause or permitting him to drive her car without insurance or a licence.

Unless she is saying she didn't allow him to take the car in which case he would be committing TWOc (taking without the owners consent). However this seems very unlikely as he was using the car to get to and from work at unsociable hours so it's difficult to believe she wasn't aware he was using her car. She also mentions him being taken of the insurance and the car being hers so again she must have been aware he only had a provisional licence as he would have to produce his licence for the insurance.

I can't see any mitigation unless the OP's DP is going to go down the hardship line.

ManateeFair · 13/12/2023 13:49

He said to the officers that he needed the car to get into work

He doesn't have a full driving licence, so saying he 'needs the car to get into work' was basically an admission that he has been driving illegally every day and is planning to continue to do so. So frankly, he's quite lucky that they didn't make a note of him saying that.

Lifeasiknowitisout · 13/12/2023 13:50

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

It is something to do with her though.

Either she let him drive the car, knowing it’s got no mot and he has no license. Or he took it without consent.

Either option has additional consequences for them both.

CHRIS003 · 13/12/2023 13:50

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.

A few years ago I was working in a maternity unit - a woman came in early hours of the morning thinking she was in prem labour ( turned out to be a false alarm )
Her husband was already disqualified from driving due to other motoring offences - he had borrowed his friends car to bring her to the hospital he was stopped by the police on the way in - realising his wife might be in labour the police took the mum and him to the hospital and the car was seized temporarily.
We found out later that he had faced up to 6 months in prison but actually got given a suspended sentence and a curfew tag because he argued that he could not go to prison because his wife needed help with their other kids and new baby !.

mn29 · 13/12/2023 13:51

You can't defend him because the crime he committed can't be excused. He potentially put people's lives in danger and it was completely irresponsible.

Lifeasiknowitisout · 13/12/2023 13:52

Wonder if op has been driving the car around with no MOT

Gonnagetgoingreturnsagain · 13/12/2023 13:55

NoCloudsAllowed · 13/12/2023 11:32

I don't know why people are giving you such a hard time on here. He wants to plead guilty. Neither of you are saying he shouldn't have any punishment.

Courts look at personal circumstances when deciding on sentencing, eg past history of offending, engaging with drug services etc where appropriate. Their aim is to ensure a fair punishment and reduce risk of reoffending.

So if you're up for your tenth offence and show zero remorse and were obviously reckless eg front lights out as well as speeding and no insurance, you'll get a worse sentence.

Your partner driving to work and your being pregnant is relevant as they tend to not want to prevent people from being able to earn a living as this causes hardship to the whole family and leads to shoplifting, burglary etc in some circumstances.

Your best option is to express remorse, explain circumstances, maybe get a lawyer to help.

The point about they (courts etc) don’t want to prevent people being able to earn a living I get but had OP’s partner killed or seriously injured someone that’s a different story!

I’ll give my experience. Many years ago I was travelling back from a night out with friends in a space cruiser (high) type of people carrier. Tracking at at least 40 mph towards us (I looked up and saw him) was a driver with no road to turn into for either vehicle. I ended up with severe whiplash and bad knee/back injuries plus flashbacks as did my friend. The police said to us if we’d been in the same is/height vehicle one of the others would’ve been killed or in a wheelchair due to injuries. The other men in the car didn’t want to go to court or take it further as they’d taken drugs.

Me and my friend were encouraged by the police to take it to court but the magistrates that day were circuit (not the same ones as usual). The man (he wasn’t or couldn’t be drugs or alcohol tested but looked out of it when we saw him driving and after the crash) got off apparently by the skin of his teeth as he was a delivery driver. He should’ve been banned. But yeah he’s able to get away with it due to his job! We were both disappointed by the outcome but got compensation money. I suffered flashbacks whilst driving for years afterwards and my knee would “drop” coming down steps.

Massy · 13/12/2023 13:59

I frequently deal with this sort of thing at work. The no insurance is the most serious matter and the sentencing guidelines say 6 points for this and a Band C fine, ie 150% of relevant weekly income. The licence and MOT will probably be dealt with as an aggravating factor (increase the fine by say, another 50%) to the no insurance but otherwise attract no separate penalty in terms of points.

it sounds like pleading guilty by post is the most sensible option. It doesn’t sound like there is anything to say in mitigation. An apology and accepting responsibility will put you in the best light but really nothing will make much difference.

Hiring a solicitor is an extra expense and only worthwhile for a not guilty plea and thus representing you at trial. I can’t see what grounds you have for a defence. If you want a trial but are found guilty after a trial, the fine will be more and there will be court costs.

AgnesX · 13/12/2023 14:00

You've not got a cat in hell's chance...he's only got a provisional licence and no insurance.

What if he'd had an accident and hurt someone or even himself. Fat lot of help he'd be to you then.

ManateeFair · 13/12/2023 14:01

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?

If they'd put L-plates on the car, that would have been perfectly legal, because the OP has a full licence herself and her partner has a provisional. A provisional driver can drive with L-plates if they're accompanied by someone with a full licence.

Also, thousands of woman do have babies without having any access to a car all, and they mostly seem to get by. Either they have a relative/friend/neighbour on standby, or they call a taxi, or if it becomes a desperate emergency they call an ambulance. So the OP's prior plans for getting to hospital aren't really relevant.

WhyamIinahandcartandwherearewegoing · 13/12/2023 14:04

ManateeFair · 13/12/2023 14:01

If they'd put L-plates on the car, that would have been perfectly legal, because the OP has a full licence herself and her partner has a provisional. A provisional driver can drive with L-plates if they're accompanied by someone with a full licence.

Also, thousands of woman do have babies without having any access to a car all, and they mostly seem to get by. Either they have a relative/friend/neighbour on standby, or they call a taxi, or if it becomes a desperate emergency they call an ambulance. So the OP's prior plans for getting to hospital aren't really relevant.

Show quote history

Think you might not get the gist here, of course she could have had alternative plans, and I hope she did. But given the likelihood of her partner regularly driving around unqualified, I hope she wasn’t contemplating letting him drive her at that point: even with L plates (and who thinks he uses these?) a woman in labour might not be best placed to have her focus on a learner driver and the road, legal as it might be.

TheCompactPussycat · 13/12/2023 14:04

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

What part of driving when not qualified to and driving a car without an MOT suggests to you that it is "unlikely to be a boy racer type who doesn't give a shit about safety".

It literally screams "I don't give a shit about safety".

Sdpbody · 13/12/2023 14:06

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Lifeasiknowitisout · 13/12/2023 14:07

ManateeFair · 13/12/2023 14:01

If they'd put L-plates on the car, that would have been perfectly legal, because the OP has a full licence herself and her partner has a provisional. A provisional driver can drive with L-plates if they're accompanied by someone with a full licence.

Also, thousands of woman do have babies without having any access to a car all, and they mostly seem to get by. Either they have a relative/friend/neighbour on standby, or they call a taxi, or if it becomes a desperate emergency they call an ambulance. So the OP's prior plans for getting to hospital aren't really relevant.

Show quote history

The police might do anything if op was in labour, But you can’t effectively be supervising someone driving when in labour. Also there’s rules around supervising learners. There’s a minimum age and you have to have been driving for 3 years.

also the car has to have an mot. So unlikely it would be legal for the op to supervise. The doesn’t have an mot which doesn’t seem to bother op

Heyhoherewegoagain · 13/12/2023 14:20

Lifeasiknowitisout · 13/12/2023 13:50

It is something to do with her though.

Either she let him drive the car, knowing it’s got no mot and he has no license. Or he took it without consent.

Either option has additional consequences for them both.

Show quote history

That's exactly what I’m saying, if she doesn’t drop the whole “we” thing with the police/court, she’ll potentially find herself charged…it’s why when youngsters help themselves to the parental car with no permissson/licence/insurance, the parent often has to report the “theft” of the car or they can find themselves charged, because if it was’t stolen, they did it with “permission”

notmorezoom · 13/12/2023 14:21

Have to say OP, it sounds like you knew that he does this and you think it isn't that much of an issue.............

Silverbirchtwo · 13/12/2023 14:24

You could write a letter to the court in mitigation, but I don't think you being pregnant would carry much weight. No harm in trying though.

Kim066 · 13/12/2023 14:26

Who exactly are you fuming at? Your partner? It clearly wasn't the first time he'd driven the car on a provisional licence as you seem to think there was some mitigation because he needed the car for work. The simple fact is he was driving without a licence, an MOT and insurance if the car didn't have a valid MOT. He deserves everything coming his way. I had a close family member killed by a person in his situation. There is no excuse.

DidiAskYouThough · 13/12/2023 14:27

Heyhoherewegoagain · 13/12/2023 14:20

That's exactly what I’m saying, if she doesn’t drop the whole “we” thing with the police/court, she’ll potentially find herself charged…it’s why when youngsters help themselves to the parental car with no permissson/licence/insurance, the parent often has to report the “theft” of the car or they can find themselves charged, because if it was’t stolen, they did it with “permission”

Show quote history

Yeah, it's weird that OP is using the word 'we' for her boyfriend choosing to commit multiple crimes.

Littlegoth · 13/12/2023 14:30

viques · 13/12/2023 13:42

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.……..

Edited
Show quote history

Afraid not. The qualified driver has to be capable of driving the car at that moment in time in order to supervise a learner. A woman in labour is not capable of driving the car. In the same way you can’t drive your pissed friend home in their car using your provisional.

littlebopeepp234 · 13/12/2023 14:30

DidiAskYouThough · 13/12/2023 14:27

Yeah, it's weird that OP is using the word 'we' for her boyfriend choosing to commit multiple crimes.

Show quote history

Because she is no better than him for allowing him to drive her car with no license and no MOT. So unless he took the car without her permission then it is very much a WE situation.

Kim066 · 13/12/2023 14:32

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

You should be ashamed of posting this. There is a reason people take driving tests and it's to prove they are a competent driver. You think it's all right not to bother? Disgraceful. I have a dead family member because of someone who thought like this.

DidiAskYouThough · 13/12/2023 14:33

littlebopeepp234 · 13/12/2023 14:30

Because she is no better than him for allowing him to drive her car with no license and no MOT. So unless he took the car without her permission then it is very much a WE situation.

Show quote history

So will she either have to get him charged with taking her car without her permission, or allowing him to commit crimes in her car? Along with the other offences.
What an absolute embarrassment of a man.

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