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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have been pulled over by police loud exhoust. I

Resolved Question:

Hi, i have been pulled over by police for a loud exhoust. I had the car for a mouth or two and i got given a full m.o.t for 12 months so i though its legal to have it on so i didint change it or nothing. They ask me if i have driving license so i paniced because i didint have L plates on and lied saying that i have driving license but i was driving on provisional. The police officer let me go and couple of weeks later she come to my house and she asked me again if i have driving license so i admited that i don't and then she asked me if i was supevised by any driver so i said that i was, i gave full name and surname to the officer. And now i have recived some letters from court and police officer statment which says that i wasint supervised.
I would like an advice of what to do now i dont know if i can go to police station and say to them once again that i was supervised or something. I also dont know if i am guility for the exhoust because i have not modifited it my self i bought the car with it on wth 12 mouths m.o.t.
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you. Is it true that you had a supervisor?
Customer: replied 1 year ago.
Yes
Expert:  Alice H replied 1 year ago.
OK. If you had a supervisor then you can plead not guilty. There will be a trial and your supervisor will have to attend court and confirm that you were being supervised at the time. What exactly are the offences mentioned in the paperwork? Is it just the exhaust and no L plates / supervisor?
Customer: replied 1 year ago.
1. Use a motor vehicle on a road with silencer / exhoust system altered to increase noise made.
2.Drive a motor vehicle otherwise than in accordance with a license- endorsable offence.
I have also made the exhoust silent after the day i been pulled over and i can prove it with a letter from the garage with a stamp on it.
Expert:  Alice H replied 1 year ago.
What about driving without insurance?
Customer: replied 1 year ago.
its just those two things they wont me to put guilty or not. I had insurance at the time.
Expert:  Alice H replied 1 year ago.
OK.The noisy exhaust is a fine only usually around £50. You can plead not guilty and make the points that you've raised - but its no defence to say you had an MOT. The exhaust, like any other part of the car, can fail at any time and its your duty to make sure its in good working order. The fact that you got it repaired the following day is helpful but not a defence. If you accept the exhaust was noisy and not in good order you should think about pleading guilty to save yourself time money and costs. The licence issue is different. If you were not supervised you could get up to 6 points on your licence plus a fine and costs which could all come to a few hundred pounds. By pleading guilty the sentence will be lower and again the fine and costs will be less. If you were supervised then you should plead not guilty - at the trial your supervisor can attend court to confirm what you say and, if the Magistrates accept your defence, you will not get penalised for this.
Customer: replied 1 year ago.
Okay thank you. I am not sure what do I need to write in the Mitigating Circumstances part. Could you please give me a rough idea?
Expert:  Alice H replied 1 year ago.
There's no particular way to write these things really. I find the simpler you keep it the better; if you accept doing wrong just apologise and tell them you will be more careful in future. The fact that you are obviously concerned about this is something they will take into account. I also assume you have a clean licence - they will see that and it will go in your favour.
Alice H and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
Expert:  Alice H replied 1 year ago.
My pleasure. All the best with this. Alice