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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I have a clean licence i am a minibus driver companyy

Customer Question

i have a clean licence i am a minibus driver for a companyy that picks people up and takes them to places as cant use public transprt today i got stopped for using mobile phone whilst passnager was on bus and i was driving got issued a peice of paper with details on and got to wait for police to contact me what are my chances of being put on a course or will i be prosecuted as wasnt given a fixed penalty notice do they contact my bus company
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.
Were you driving a minibus today?
Customer: replied 2 years ago.
Yes well its a bus that carries disabled peopke to and from places as got use public transport
Customer: replied 2 years ago.
As they cant use public transport a bus company run it for them
Customer: replied 2 years ago.
Are you there
Expert:  Jo C. replied 2 years ago.
Were there any passengers when you were stopped?
Customer: replied 2 years ago.
Yes 2
Customer: replied 2 years ago.
2 passengers was given piece of paper n9 fixed penalty charge and said police will be in touch i have a clean driving licesnce what do you think i will get ? Also how long is it police tske to contact you and do they contact your company
Customer: replied 2 years ago.
Thats ment to say no fixed penalty charge
Expert:  Jo C. replied 2 years ago.
Thanks
I'm really sorry but they will almost certainly send this to court.
Im afraid IT is hugely aggravating that you were drying a minibus at all but with passengers in the course of your occupation is going to render the course or fixed penalty inappropriate.
If they do offer the fixed penalty then accept before they change their mind. It is possible they could do it in error. If they do then do not look a gift horse in the mouth.
They will probably summons you directly but they have six months to do it in.
Can I clarify anything for you? I will respond now in the morning
Jo
Customer: replied 2 years ago.
Thsnks fir your help will i get a driving ban do u think
Expert:  Jo C. replied 2 years ago.
You could to be wholly honest I'm afraid.
It is the aggravation of the fact that you were carry passengers. I'm very sorry.
Customer: replied 2 years ago.
Thanks for your help in your honest opinion what fo you think most propsbly happen i got told by policeman at roadside it would be points and the course most probably and was put down as mini bus was he just saying this do you think as i was so upset
Expert:  Jo C. replied 2 years ago.
I'm really sorry but they will almost certainly send this to court There is a chance they could just offer points because they haven't noticed the mitigation
Customer: replied 2 years ago.
What do you mean they havnt noticed the mitigation ? Whats the percent u rjink out of 100 i could keep liceance and be juat fined and points on liceance please
Expert:  Jo C. replied 2 years ago.
It is impossible to give you a percentage. It is not an exact science.
It is likely they would send this to court and there is a good chance of a ban because of the aggravation.
You may be lucky but that cannot be relied upon.