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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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Jo, I have a query on behalf of my son. A few months ago he

Customer Question

Hi Jo,
I have a query on behalf of my son. A few months ago he was stopped by the police for exceeding a 40 MPH limit and as he was just over they told him to be aware and keep within the limit. They asked for his driving license which he did not have. He gave details and they checked with their gismo and informed him it was invalid. This came as a suprise to him. They impounded his car and charged him with driving without a valid license and therefore no insurance. He checked with the DVLA and his photo element had expired, which he immediately did online. He pleaded guilty and ended up with 6 points and a fine. Having dug around the internet it appears that an out of date photo license does not prevent you from driving, it can however result in a fine of up to £1000 although nobody in the UK has ever had that fine. L believe the average is below £100 but he was never charged with this. I believe he has a case to have the points removed, what do you think and if incorrectly convicted can he have it overturned.
Phil
Submitted: 4 months ago.
Category: Traffic Law
Expert:  Jo C. replied 4 months ago.

Do you know if the DVLA had revoked his licence?

Customer: replied 4 months ago.
They have not he now has new photo license.
Expert:  Jo C. replied 4 months ago.

No but at the time?

Customer: replied 4 months ago.
Never
Expert:  Jo C. replied 4 months ago.

It is difficult to tell really in this forum.

Certainly it is right to say that there mere expiry of a photo licence does not normally lead to revocation of a licence.

However, the fact that it was not invalid on the police system tends to suggest it had been revoked for some reason.

If it was revoked then he didn't have a licence. It might not have been his fault but he did not.

He needs to get to the bottom of that really before incurring costs.

If the answer is in his favour then he can always appeal. He is out of time to do that now but they are not going to refuse leave in the circumstances.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
I do not believe that his license was revoked, I believe that it came up as expired but no reason given it was 0630 in the morning. Will check when he arrives later today. I have read on numerous sites including legal sites that your license is not revoked if your photo is out of date. I
Expert:  Jo C. replied 4 months ago.

No, but that presumes the DVLA haven't done it in error or for any other reason.

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