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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience:  Over 5 years in practice
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i was friends van on the mortway i was goin 94

Customer Question

i was friends van on the mortway i was goin 94 miles pr and it was 70 mph i didnt realise i was goin that fast basically i was told by my friend i was insured hes fully comp but it turns out i was not i been driving for 1 month now ive got 2 wait for a letter from the police do you know what will happen 2 me and if i lose my lience help please ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

So you were not insured?
Customer: replied 2 years ago.
basically my friend told me i was insured and when i got stoppd by police they not insured so i wasmt insured and i was going 94 on a 70 mph on the motorway my friend told the police offcier that he im insured soo basically the police officer gave md e a green slip and said dont do anything until you recieve a letter
Expert:  Jo C. replied 2 years ago.
I presume you didn't check his insurance certificate?

Will he come to court and confirm that he said this to you?
Customer: replied 2 years ago.
yes he said if i were 2 get 6 points appeal it and he will stand up in court and say he told me that i was insured he said he will take the 6 points if iy came 2 that
Expert:  Jo C. replied 2 years ago.
It won't come to that. That is not possible.

You were the driver. You were not insured. Having no insurance is an offence of strict liability. Either you are insured or you are not. You were not. You have no option but to plead guilty unless, of course, they forget to summons you.

No insurance leads to 6 points which, in your case, would lead to revocation of your licence as you are a new driver.

The only way to avoid that is to plead guilty and argue that special reasons apply. It would be irresponsible of me to tell you that you have a strong chance of succeeding. Special reasons hearings involve you having the burden of proof to show that you could not have reasonably known you were uninsured and the chances are that the Magistrates will take the view that you should have checked the certificate. However, this is your only chance.

If you are going to raise it then he needs to give evidence in your favour on this point.

The speeding is less serious. That would only lead to 4-6 points or a short ban and a fine. Realistically that would lead to 4-5 points and a fine. That will place you on the cusp of revocation but no more than that.

Im very sorry but I have to give you truthful information.

Can I clarify anything for you?

Customer: replied 2 years ago.
so would that mean i would have 2 start everything again and would i be ae 2 re apply straight away or would they ban me for a while
Expert:  Jo C. replied 2 years ago.
They could ban you but they probably wont. Actually though if they did ban you would get your licence back clean after the ban period. The only impact would be upon your insurance.

If they do revoke then you would have to take your test again.
Customer: replied 2 years ago.
so i wouldnt have 2 do my theory again
Expert:  Jo C. replied 2 years ago.
You would if they revoke but only if they revoke.
Customer: replied 2 years ago.
what does revoke mean like take my liecense ? so would they give me a provisunal liecense back for me 2 be able 2 take my test again
Expert:  Jo C. replied 2 years ago.
Yes, revocation of your licence so you will have to take it again.

I'm happy to continue with this but please remember to leave feedback for my answer.

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