How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Please advise what the best course of action would be. My

Customer Question

Please advise what the best course of action would be. My husband had a ticket for using his mobile whilst driving. He was asked to send off his licence but had lost it. We sent back the paper saying he had lost it but it was late. He then got a speeding ticket. We've opened a letter yesterday to find out that his licence had been revoked due to not sending in his licence to put the points on it for the mobile offence. Not sure what the best course of action is. Does he apply for D1 normally and accept that he was driving his car whilst revoked although unknowingly and take the consequences of the speeding ticket. Please note the DVLA letter was sent without being signed and not recorded!
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Is this his first offence?

Customer: He has speeding fine SP30 but i think theyre now out of date
Expert:  Jo C. replied 3 years ago.
Hi

I've converted this to q and a for you for ease of communication.

What would you like to know about this?
Customer: replied 3 years ago.
Hi Jo what would you recommend he does?
Expert:  Jo C. replied 3 years ago.
Does he deny using his phone?
Customer: replied 3 years ago.
No hes not denied using phone.
Expert:  Jo C. replied 3 years ago.

The revocation is easy enough to resolve.

You just apply for a new licence although there is a fee involved as there is always is with DVLA admin. This is just a revocation for an administrative reason so there are no further tests to pass. The punishment is costs and inconvenience and I suppose potentially a charge of driving without a licence.

In terms of the speeding fine, if he accepts that he was the driver then he can only complete the S172 form accurately.

I can't tell whether you are saying that this was committed during the course of the revocation or not? If it was during the course of it then they could charge him with driving not in accordance with a licence but its not all that likely especially if the notification from the DVLA was only recent. You actually might find that he was not revoked at the relevant time.

In any event, if they do then that only carries 3 points and a fine. You could always make representations to them not to prosecute it on public interest grounds and they often do not.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you. You have left a negative rating but asked for more information which seems inconsistent. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.