Motoring offence....

[Do The Dance]

Cheers Doug, I'm well worried about it, I hope all these people talking about jail terms are just kidding! (I'm sure they are though!)

 

You won't get a jail term - unless you have serious previous!!

 

As I said before own up, if it goes to court you'll receive a citation looking for your plea. Plead Not Guilty and you'll need to pay for a lawyer (unless you fancy representing yourself, or qualify for legal aid). Guilty and your looking at a fine and points.

[Eggo]

I guessed wrong then.

 

 

You certainly did Dave.Been on contruction of them but never oot in the water.

But to be fair, its as remote here as the North Sea:sad:

[The Old Tolbooth]

I didn't know the "only in emergency" bit- is that stated on the schedule or Policy documents?

 

I think it is now, but I might be wrong, but if you phone your insurance company and ask them around this then they should let you know their policy terms and conditions.

[weemarky]

well???? how'd u get on? when have u got to hand the docs in by?

[EuanD]

You can drive to a pre booked mot on your insurance, if pulled over you would need to supply the police with the information of the garage.

 

You can drive other cars on a third party insurance, you would need to check with your insurance provider, I my self am third party fire and theft and it clearly states on my cover note that I am allowed to drive other cars, I am however over 25. Check with your insurance company before you do anything!

[Stupid Sexy Flanders]

well???? how'd u get on? when have u got to hand the docs in by?

 

I'm going to go in tomorrow (Tuesday). I will let you all know what happens! I plan to just own up and plead guilty, I imagine I'll be able to do that by letter rather than actually having to go to court?

[Boof]

Take some doughnuts with you

 

Seriously, though, you might strike it lucky and get away with a slap on the wrist if you go in all sheepish and show them that

(a) you have got insurance (assuming your policy allows you to drive her car) - I'd expect you'd probably have to take her policy as well to show that the car is insured to be on the road as well as you being allowd to drive it, though I could be wrong as I've never had to do this sort of thing...yet

( you(or your sister)'ve made arrangements to get the car MoT'd

© the headlight's been fixed

(d) you take some doughnuts

[Erik]

Car doesnt need an MOT to be insured. My car sat for 5 months off the road and was insured for every day during that period.

 

I'd imagine DRIVING your car and then subsequently crashing / trying to make a claim without a valid MOT might be the only scenario where lack of MOT would invalidate your insurance - but to say no MOT = no insurance is a bit vague. In the eyes of the law - your vehicle would still be insured and you'd only get a fine for not having an MOT, which is ?60 IIRC.

 

Driving without insurance will be circa 6 points on your licence and possibly a fine on top of that.

 

Knock on effects will come when you next try to renew your car and have to declare those points and that offence....

[savage]

for those that said the police might just look at the insurance document and tick off the form saying he has one you are wrong. the form he produces with his documents is then checked against another form on which all relevent details of insurer, car insured etc are noted. if they do not marry up they will notice.

 

not that i want to alarm you more but your sister will also get charged for causing and permitting you to drive her car whilst not in possession of insurance or an mot. the only way for her to get off with this is for you to say you stole the car from her which is obviously another charge for you.

 

not that i disbelieve you but i cannot work out how you thought you were fully comp, there is a fair difference in premium

[weemarky]

I'm going to go in tomorrow (Tuesday). I will let you all know what happens! I plan to just own up and plead guilty, I imagine I'll be able to do that by letter rather than actually having to go to court?

 

Good luck mate

[Griclesfield]

still no sign of him, probably been held in custody.

[Guest S.U.S.S.]

I wonder how many others with no insurance and mot claimed they did not realise until they were caught. Prison is full of innocent men and women who didnt realise they had done something wrong.

[Boris]

I wonder how many others with no insurance and mot claimed they did not realise until they were caught. Prison is full of innocent men and women who didnt realise they had done something wrong.

 

Ignorance is no defence S.U.S.S.

 

(which is what I thinkyou are getting at anyway...)

[Guest S.U.S.S.]

Ignorance is no defence S.U.S.S.

 

(which is what I thinkyou are getting at anyway...)

 

Exactly, in this case it may (or may not be true) but as you say not knowing your personal circumstances is your own fault.

 

give im life!

[Taffin]

Car doesnt need an MOT to be insured. My car sat for 5 months off the road and was insured for every day during that period.

 

I'd imagine DRIVING your car and then subsequently crashing / trying to make a claim without a valid MOT might be the only scenario where lack of MOT would invalidate your insurance - but to say no MOT = no insurance is a bit vague. In the eyes of the law - your vehicle would still be insured and you'd only get a fine for not having an MOT, which is ?60 IIRC.

 

Driving without insurance will be circa 6 points on your licence and possibly a fine on top of that.

 

Knock on effects will come when you next try to renew your car and have to declare those points and that offence....

 

That's only because you had it off the road though, as soon as it was on the road, even just parked up you would have invalidated your insurance and in turn not be covered and could be punished for it.

[Guest S.U.S.S.]

I'm going to go in tomorrow (Tuesday). I will let you all know what happens! I plan to just own up and plead guilty, I imagine I'll be able to do that by letter rather than actually having to go to court?

 

TBH its probably ur best bet, the fact you own up must go in your favour.

[Stupid Sexy Flanders]

alloa Section G - I have been issued with a KB warning by a Mod for my lighthearted suggestion that we give you some soap-on-a-rope if you are incarcerated for your motoring offence(s) as it shows a lack of courtesy apparently. If you think that it did show you a lack of courtesy I offer my unreserved apology. If however you saw it as a lighthearted remark then I'll live with the warning.PC gone mad if you ask me bearing in mind some of the stuff on KB.

 

I took it in the light-hearted way I assumed it was intended! In the mods defence though, if I was actually in any danger of going to prison then your comment wouldn't have helped!

[Stupid Sexy Flanders]

Ok folks, for all those who are interested, I am just back from the station. I was interviewed under caution, all the details are sent to the procurator fiscal and I should find out in a few weeks what is to happen. The guy who interviewed me was, coincidently enough, the same one who had stopped me in the first place. So it's a good job I was polite enough at the time!

 

He said that the fact I went in and owned up, plus the fact I've no previous, should go in my favour and he doesn't think it will be anything too bad. So, fingers crossed!

 

(PS I know I've said it already, but I agree with all those saying it's my own fault for not knowing my own policy, and about the lack of MOT. I'm not about to argue with any of that, and I said so to the officer too.)

[weemarky]

Thats not too bad then. Just hope that the officer is nice about u in the report to the PF.

 

It's a bugger of a thing to happen. Hope you get an ok result.

[tedp6873]

Ok folks, for all those who are interested, I am just back from the station. I was interviewed under caution, all the details are sent to the procurator fiscal and I should find out in a few weeks what is to happen. The guy who interviewed me was, coincidently enough, the same one who had stopped me in the first place. So it's a good job I was polite enough at the time!

 

He said that the fact I went in and owned up, plus the fact I've no previous, should go in my favour and he doesn't think it will be anything too bad. So, fingers crossed!

 

(PS I know I've said it already, but I agree with all those saying it's my own fault for not knowing my own policy, and about the lack of MOT. I'm not about to argue with any of that, and I said so to the officer too.)

 

not to bad then just lets hope its 6 points and a wee fine. cant see it being any more.

[HMFC#1]

If you have a fully comp policy then it allows you to drive other cars, but only third party only, and not fully comp. Your also only meant to use it in the case of an emergency and most people don't realise this.

 

A third party only policy does not allow you to drive other peoples cars at all mate unfortunately.

 

You could get your sister to call her insurance company and ask her to change it to any driver over the age of 25 and hope the police only clock the type of cover she has, and not the date it was issued

 

Not always the case nowadays, alot of insurers have stopped this but will only put it in small print at the bottom of your policy.

[Stupid Sexy Flanders]

Thats not too bad then. Just hope that the officer is nice about u in the report to the PF.

 

It's a bugger of a thing to happen. Hope you get an ok result.

 

Well he said he would be! Cheers for the support, and tommytucker too.

[Guest GhostHunter]

6 points and a ?300 fine.

 

That's my guess.

[Miller Jambo 60]

Well he said he would be! Cheers for the support, and tommytucker too.

 

Hope you are feeling better by talking to them.

I know what its like to have something hanging over you .

You did the right thing by coming clean.

all the best.

Dougie.

[Stupid Sexy Flanders]

6 points and a ?300 fine.

 

That's my guess.

 

 

Hope not!

[Davie]

Something similiar happened to me about a year ago.

 

I borrowed my sisters car and nipped down the shops but like a right fool never put on my seat belt, got pulled and had to produce my documents.

 

I had my own car and my own third party insurance, went to the cop shop with documents and was going to just act thick, luckily for me the silly copper looked at my documents and said all was fine.

[Stupid Sexy Flanders]

Well folks, as you have probably all been worrying yourselves sick about me () for the last four months, I thought I'd give you all the latest update:

 

I plead (pleaded?) guilty to the whole "no insurance" thing, and now have to go back to court in JUNE to find out my fate! It'll be nearly a year since the actual offence, but at least it means I can still drive for the next 6 months!

 

On the downside, my lawyer reckons a ban could be on the cards.

[davemclaren]

Well folks, as you have probably all been worrying yourselves sick about me () for the last four months, I thought I'd give you all the latest update:

 

I plead (pleaded?) guilty to the whole "no insurance" thing, and now have to go back to court in JUNE to find out my fate! It'll be nearly a year since the actual offence, but at least it means I can still drive for the next 6 months!

 

On the downside, my lawyer reckons a ban could be on the cards.

 

and a fine?

[Deek]

Well folks, as you have probably all been worrying yourselves sick about me () for the last four months, I thought I'd give you all the latest update:

 

I plead (pleaded?) guilty to the whole "no insurance" thing, and now have to go back to court in JUNE to find out my fate! It'll be nearly a year since the actual offence, but at least it means I can still drive for the next 6 months!

 

On the downside, my lawyer reckons a ban could be on the cards.

 

Sack your lawyer, defend yourself, save a fortune. You might need it for the fine.

 

You wont get banned unless you had points already. Sounds like you have been given a deferred sentence. Possibly to see if you can keep out of trouble.

[Rawrrrrrrr]

Sack your lawyer, defend yourself, save a fortune. You might need it for the fine.

 

You wont get banned unless you had points already. Sounds like you have been given a deferred sentence. Possibly to see if you can keep out of trouble.

 

Agreed unless you had points already or a licence less than 2 years you shouldnt be losing your licence.

 

Pretty sure the recommended sentence is normally 6 points and a fine of approx 400-500 for a simple breach of the law.

 

The mot one isnt endorsable and is again another fine, although your best pleading ignorance to that one and blaming the sis Doubt they would pursue it.

 

Most lawyers are lazy feckers who want the court fees and out the door asap. If your any doubt about the quality of the lawyer get them punted to feck.

 

I was done for a motoring offence about 2 years ago, settled for my third lawyer as he was the first who actually seemed to know the law regarding the offence and got me acquitted no bother. The first 2 had recommended pleading not guilty until the trial diet then pleading guilty, clearly wanting the appearence fees off the legal aid.

 

Defending yourself could be a shout tbh, you are pleading guilty and basically all you want to do is appear, offer your mitigating factors, and stress the importance of having your licence etc, also have a statement of financials (deliberatlely negative) to show what you can (or cannot) afford to pay fine wise/spread the fine.

[Stupid Sexy Flanders]

Thanks for the advice Deek and Prancer, to be honest today is the first time I've even spoken to the lawyer (the court only told me on Thursday that I was to appear today and I phoned the lawyer that day), so I'll at least speak to her another couple of times and see what she says. She did say a ban would be the "worst-case scenario" along with a fine, so I might not even get that.

[Jambof3tornado]

On a positive note you could save up some pennies between now and june for your fine!! If you dont get fined as much you can go get lashed with whats left.

 

Oh and as Alloa now has a train station who needs a driving licence anyways???

 

Keep us up to date with how it goes mate.

[Goodmorningmrfisherman]

any reason why you have to appear?

 

Btw i got ?450 and 6 points 4 year ago.

[Stupid Sexy Flanders]

On a positive note you could save up some pennies between now and june for your fine!! If you dont get fined as much you can go get lashed with whats left.

 

Oh and as Alloa now has a train station who needs a driving licence anyways???

 

Keep us up to date with how it goes mate.

 

Hehe, I've just waited an hour for a train from Stirling to Alloa, having got into Stirling just after the last one left! Would you believe there's only one every hour?! So if that becomes my permanent routine I'll be gutted!

[Stupid Sexy Flanders]

any reason why you have to appear?

 

Btw i got ?450 and 6 points 4 year ago.

 

Because I had to clarify as to whether my sister had allowed me to borrow the car or whether I had just taken it. That would affect the outcome.

 

And I'd happily take 6 points right now!

[Therapist]

Defending yourself could be a shout tbh

 

I'd advise against this whatever the circumstances.

 

Courts are not places for people to live out their Perry Mason fantasies and Sheriffs will have no hesitation in creaming someone if they feel the court is being disrespected and their time wasted.

[Rawrrrrrrr]

I'd advise against this whatever the circumstances.

 

Courts are not places for people to live out their Perry Mason fantasies and Sheriffs will have no hesitation in creaming someone if they feel the court is being disrespected and their time wasted.

 

 

I havent at any point suggested that.

 

Its pretty open and shut and he is pleading guilty, as long as he doesnt waste the courts time he will be fine.

 

All he needs to do is what a solicitor would do, enter his plea, and any mitigating factors, and financial/employment/lifestyle reasons affecting the punishment/outcome.

 

I do think he could have quite easily done that by pleading guilty in a letter to the offences and putting it all in writing.

 

It seems like his solicitor just wanted the appearence money off the legal aid

[JT's & Irons]

Your knackered when it comes to insurance but, as for the MOT that's really down to your sister. She could have been charged with causing and permitting you to drive with no insurance or MOT. (Her defence being that she believed your insurance covered you) but the MOT you might get away with as you had reasonable cause to believe it was valid.

[The Old Tolbooth]

Hehe, I've just waited an hour for a train from Stirling to Alloa, having got into Stirling just after the last one left! Would you believe there's only one every hour?! So if that becomes my permanent routine I'll be gutted!

 

Look on the bright side, it would only be for 6 months

 

One of my customers was done for having no insurance while driving, she lost hers for 6 months and was hit with a ?450 fine.

[letsalllaughathobos]

NOT GUILTY,never pled guilty.

[Rawrrrrrrr]

NOT GUILTY,never pled guilty.

 

 

What a load of pish

 

There are tariffs for sentencing and a guilty plea gets a discount, driving without insurance is an absolute charge, your either guilty or not guilty.

 

Pleading not guilty when he is clearly guilty will just get a few extra points and a few extra hundred quid on the punishment, possibly even enough to turn it into a ban.

 

He's clearly guilty and would be completely stupid to try otherwise.

 

If it was another motoring offence, I might agree, as the cops regularly balls up or just forget to show up at the trial

[letsalllaughathobos]

it is a bit of a small motoring offence (mabye not to him).

nothing major to worry about.

like he said earlier the lawyer said ban worst case senario.

[Rawrrrrrrr]

it is a bit of a small motoring offence (mabye not to him).

nothing major to worry about.

like he said earlier the lawyer said ban worst case senario.

 

and pleading not guilty when he is and has no legal defence could be the difference between points and a ban:mw_rolleyes:

[NewYorkJambo]

I thought they can tell straight away if a car has an MOT and insurance by typing the registration into a computer. All the MOT's now have a bar code and are linked into a computer.

 

They can. Strange it didnt show up.

[Cow]

I got 8 points and ?250 fine about 4 years ago , i think defending myself was perhaps construed as taking the matter to likely? Oh, and i wasnt even driving the car it was my dad.