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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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I was involved in a motor accident on 12/5/2014 whilst driving

Resolved Question:

I was involved in a motor accident on 12/5/2014 whilst driving on a expired substansive driving licence. I am 73 years of age. I had applied by post office to the DVLA to renew my licence which had expired on 24/1/14 s a couple of weeks prior to the accident (I have no receipt for this application - never kept it as i did not assume it would be needed). My replacement licence is dated active from 25/5/2014 (neither the police nor i picked this up at the scene of the accident). I have contacted DVLA by phone and they informed me that they have a 3 week (at least) turnaround on postal renewal driving licences - on their YOUGOV site for renew driving licence over 70 years old it states YOU CAN DRIVE WHILE YOUR LICENCE IS BEING RENEWED IF YOU MEET ALL THE FOLLOWING CONDITIONS (which i do). Do i plead guilty or not guilty of the charge?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If you are saying that your licence was only renewed on the 25/5/14 and had expired on the 24/1/14 then you were not licensed on the 12/5/14. I am sorry but there is no way around it.
I do realise that it was unfortunate that it was in the DVLA's admin system but that is no defence. It is never advisable to drive unless you have actually received the licence back.
The YouGov website refers to people who have not let their licence lapse. It is no defence to say that you were eligible for a renewal. One did not exist.
You could ask CPS to consider the public interest of the prosecution on this basis. They would usually want prove of when you sent it in but since they sent it back on the 25/5/14 they might be willing to accept that you must have sent it in before the accident.
Alternatively you could argue special reasons apply not to add points to your licence on this basis.
However, it is an offence of strict liability and you were not licensed so would have to plead.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
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