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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My nephew is 17 and has a car he is tax and insured for he

Resolved Question:

my nephew is 17 and has a car he is tax and insured for
he has another car not taxed or insured
whilst his taxed car was broken down, he used his other and was scanned by the police on camera
he was also doing 40 in a 30 zone
what is the likely outcome and what are the extenuating circumstances
he will not be able to continue his job without a car
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Was the other car insured at all?

Customer: replied 1 year ago.
full insurance
he knows he is at fault however is concerned over his job is he loses his licence
Expert:  Ash replied 1 year ago.

What about the car he was driving when caught speeding, was that insured at the time it was being driven?

Customer: replied 1 year ago.
no, no insurance or tax as he was waiting for his 18th birthday 3 weeks away when he could obtain insurance on it
Customer: replied 1 year ago.
he was not supposed to drive it till then, but did so as his other had broken down
is it a compulsory ban or can you use extenuating circumstances in court?
Expert:  Ash replied 1 year ago.

Ok - in that case he will come under the new driving provisions.

He may well be charged for no insurance which he will get 6 points, you cant get away from that, it is mandatory.

its fairly black and white, you either have insurance or you do not. He wont be banned for that.

The speeding, whilst high, he wont be banned for that and will get points and a fine.

But what it will mean is that as he has 6 points he will come under the new driver provisions and be demoted to Provisional.

He wont be banned.

But what he has is mitigation, it is not a defence.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
do they take into account personal circumstances?
he has no parental guidance?
his father recently died under very tragic circumstances and his mum is not what she should be and didn't care he was doing this etc
he had no moral guidance
he accepts what he has done is wrong but a suspension will mean he cant work because of where he lives
does he have to go to court to explain this or could I do a letter and speak if necessary on his behalf
Expert:  Ash replied 1 year ago.

Yes they do, but again its mitigation.

He cant avoid 6 points, its mandatory.

He may not have to go to Court he may get a fixed penalty, but the result is the same, he will be provisional.

You can provide a letter.

Does that clarify? Alex

Customer: replied 1 year ago.
thanks
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck.

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