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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have been served a notice of intended prosecution

Resolved Question:

Hello
I have been served a notice of intended prosecution for speeding 67mph in a 30mph zone. However, I was not driving the car. My mum was driving but unfortunately she does not have a driving licence nor is she insured on the car. What will happen to her?
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.
Did she have your permission to drive uninsured?
Customer: replied 2 years ago.

Hi

Thanks for your reply. No I did not give her permission.

Expert:  Jo C. replied 2 years ago.
Did you report the car stolen?
Customer: replied 2 years ago.

No I didn't. I live with my parents but i did not know she was taking the car.

Expert:  Jo C. replied 2 years ago.
Ok.
In relation to her, this is 67 mph in a 30 mph zone. I'm afraid that is 7 mph over the highest sentencing bracket. It is possible they could charge her with dangerous driving in particular because this was a 30 mph zone. If so that does rack up the risks I'm afraid.
If it remains a speeding then it will be a fine and probably a ban of several months.
The no licence would just lead to 3 points or a ban. The no insurance would lead to 6 points or a ban. There will also be a fine and costs of £85.
They could charge you with permitting no insurance. It depends whether they accept that you didn't know she had it. The argument may be that she must have had your keys. In fairness, they are not really doing that all that much any more. If it does happen then it carries 6 points and a fine.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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