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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
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Experience:  8 years legal experience
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We have case against me and my partner in court. Against me

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Hi There, we have case against me and my partner in court. Against me for driving with no insurance and no L plate and against my partner for permitting me to drive with no L plate and no insurance. I need advise on weather I should plea guilt right away in the letter I received from court, or should I asked for evidence from the police to show I was driving. As in the report they said they pulled us over, however we were actually parked and engine was off.
JA: Since laws vary from place to place, where is this? And when did this happen?
Customer: in Scotland on 21st July 2019
JA: Do you need to appear in court?
Customer: I was given 3 option, plea guilty in court or reply via letter or plea no guilty bia the letter
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have my ILR application in the upcoming July, if I to be convicted with this traffic offence, I would be rejected on my ILR application
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 5 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hello welcome to the site.

I just need to ask a few questions to determine your position. But please note, while this is a chat service, I may be away helping other customers. I will get a notification when you respond again and will follow up as quickly as I can.

Can you confirm if you actually were driving the vehicle at all on the date in question? I ask because the police prior to approaching you in the parked car may have seen you driving and if they give a statement to say that, it will carry a lot of weight, if you denied driving.

Secondly, is it your partners car? And was he teaching you to drive or were you just driving?
If it is your partners car, I presume he has insurance on it? If he has, it’s worth checking the policy to see if it covers learner drivers, it may very well do and if so, then as long as he is over 21 and has been driving for 3 years minimum you may be able to get away with the driving with no insurance charge.

This just leaves you with the driving with no L plates and unless there’s a good reason for this; then you may have up to 6 points on your license already.

Customer: replied 5 months ago.
Hi there,Thank you so much for responding quickly.I will be honest and explain the whole situation. I was driving the car at that time. I won't say the police saw me driving, but there system stated we had no insurance at all, when we crossed a roundabout, as I've seen where they were located.When we parked the car I saw a police officer coming walking toward us, he said the reason is we flagged with no insurance. I was sitting on the driver seat, we gave the insurance which was under the passenger name "My Partner". He then said what's your name I answered, he said I don't see you on the policy. He then asked for my DL, I provided a provisional, so they asked to go to their car, and said they will charge me with I stated before.They also made call to the insurance company to make sure my partner had insurance as it shows to them she don't have. Insurance company confirmed she is insured. Then the police officer asked me why I am not on the insurance, I have answered we changed address a week ago and there's open claim, so the insurance raised to £278 per month and I if I was to be added, it would have been £430 a month.The car is ours, it's for the both of us, however the insurance was only under her name at the time, as we were waiting for my driving test in month and half time, and for the insurance contract to end so we can change. She was over 21 and over 3 years driving. So we would call the insurance company asap right now and confirm if learner was included and not, but I doubt it covers a learner. So I can assume it didn't cover a learner.Would you advise us to plea guilty without going to court? if you see there's no way of this?If the police can't prove I was driving as the car was parked, and no eye seeing for who was the driver when we passed the police car, would this help?

Yes, speak with the insurance company just to see if there is learner driver cover added.

On the assumption it isn’t, then unfortunately things do not look great. Pleading guilty will result in you being penalised less, than going to court disputing it and still being found guilty. The law is quite strict when to comes to motorists so unless there is a genuine reason then there will not be much leniency. But by all means go to court, if you wish to challenge it but if so, I would suggest you instruct a motoring solicitor.

In respect of your mitigation, that the police did not see you driving, you would need to confirm why you was in the drivers seat. The standard of proof here is on “the balance of probabilities” so it’s a low threshold, it only needs to be 51% likely, as opposed to then having to prove “beyond a reasonable doubt” so unless you have a valid and plausible reason why you were in the drivers seat then I doubt it would help. Also, as stated, a police mans statement holds a lot of weight, so it is unlikely (though not impossible) for a judge to see them as lying, which is essentially what you would be trying to prove.

Your options are to accept the charge and penalties that come with it, or dispute it and/or try to get leniency in the penalties that you may have. But please note , this option may result in worse penalties if you were still found guilty therefore if you exercise this option, I would strongly suggest you obtain the advice of and instruct a motoring defence lawyer to help you. Do not attend court without legal representation.

I am sorry this may not be the news you wanted to hear but I do have a duty to be honest with you. Please return to the site if you have any further questions.

Lastly, I would be grateful if you could leave a positive rating by clicking the stars at the top of the page. All the best, John.

UK Solicitor John and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Hi John, Thank you you have been great. I guess we would write the letter and plea guilty in this case.I have one more question however, do you have an idea of what might be the penalties, I mean I'm reading online, and they say up to £5,000. I don't think this is very realistic?Also, now that I have a full driving license, since Sep, would the points disqualify me if they were 6 points even though they should be added to the provisional license at the time July?

The fine would be means tested, so whilst it may be hefty, it will not be so much that you cannot afford it as that goes against why you’re being fined in the first place. But it is discretionary at the hands of the judge.

As you’re probably aware under the new drivers act then 6 points on your licence within the first 2 years of qualification will disqualify you. However, if you have passed your driving test, and there are points on your license already from when you had a provisional, you can still continue to drive despite having these points active on your licence. A provisional driver can accumulate up to 11 points before being banned (before passing their test). But if you then get caught with any points (as a new driver) within 3 years then your license may be revoked. But essentially the offence was committed as a provisional driver so the points would be added to your provisional licence and you would still be able to drive under your new full license. I hope this makes sense.

Customer: replied 5 months ago.
It does and you've been great. All the best to you.

My pleasure.