Stupid Mistake!!

Hyper

Hyper

Hyper

Soldato
Joined
2 Jul 2005
Posts
3,549
Location
Newcastle
Stupid Mistake!! (Updated)

Hi all,

Was taking my girlfriend home yesterday and in between where we live there is a quiet back road which you drive on for around 2 miles, I admit the road isnt perfectly straight so letting her have a go of my car wasnt the best idea!!

It was around 1am last night when I agreed to let her have a quick drive along this quiet road, keeping in mind she hasnt passed her test yet but is ready to go in for it (i am not making excuses), so all was going well and she seemed to be driving okay until a car got real close behind us and she started to get nervous, turned out it was the police and we were pulled over for a routine check apparantly.

I can honestly say I have never saw another police car on this road esecially not at this time of night, infact I rarely see any other cars to be honest.

So we admit to her not having a license straight up and no insurance and realise we have made a stupid mistake!!

We both had formal interviews just confirming the above that I owned the car, was insured etc and she didnt have a license or insurance.

After the interview we were sent on our way but told to expect a letter within a week with a court date, now I realise this is more my responsobility than hers and I am expecting to take most of the blame in court but any ideas what I should expect to recieve.

I am only 20 with just over 1 years driving expierence so anymore than 6 points and I lose my license, I totally admit this to being my fault and will do so in court and will not begrudge paying a fine for my mistake and learn from it but I really dont want to lose my license over this.

Anyone else been in similar circumstances or have any advice?

Thanks, Sam
 
Last edited:

MikeHiow

MikeHiow

MikeHiow

Permabanned
Joined
26 Oct 2004
Posts
7,540
Location
Isle of Wight
This is unfortunate.

As far as I know, it is your Girlfriend that will receive the brunt of it, which I guess will be driving without insurance or a licence, but you're still liable for aiding and abetting the aforementioned offences, as you gave her permission.

Have you been charged?
 

vti_786

vti_786

vti_786

Associate
Joined
18 Jan 2010
Posts
1,370
very unlucky mate, hope you get away with it, i would hate taking another driving test, the most nerve racking experience i ever had:(
 

focus130

focus130

focus130

Associate
Joined
9 Aug 2006
Posts
311
Location
Leeds
MikeHiow said:
This is unfortunate.

As far as I know, it is your Girlfriend that will receive the brunt of it, which I guess will be driving without insurance or a licence, but you're still liable for aiding and abetting the aforementioned offences, as you gave her permission.

Have you been charged?
Click to expand...

Think he can get charged with the same offences as she can as he knowingly let her drive without insurance and a license. He also was classed as been in charge of the vehicle as well, and doesn't qualify yet to allow his girlfriend to drive even if she had a provisional license as IIRC you have to be over 21 and have a full license for 3 years or more.
 

godinman

godinman

godinman

Soldato
Joined
26 Feb 2007
Posts
8,519
Gutted for you mate, hopefully the court will be at least a bit lenient, it should be fairly obvious that it was a one off..not like these people who just don't bother getting insurance at all.
 

Durzel

Durzel

Durzel

Soldato
Joined
10 Oct 2003
Posts
5,518
Location
Wiltshire
lol

The court isn't going to be lenient "because it was a one off". How do they know that anyway, and what difference does it make anyway? Ignorance of laws is no big deal as long as it's a one-off? Tell that to someone who gets crashed into by someone with no insurance (e.g. the OPs girlfriend), "calm down it was only a one-off!"

Anyway, until you receive a summons there's not a lot more you can do. Either they'll go after you both (driving without insurance & permitting to drive without insurance), or just your GF. I'd say to be honest it's likely to be both if you've already admitted it under caution, etc.

focus130 said:
Think he can get charged with the same offences as she can as he knowingly let her drive without insurance and a license. He also was classed as been in charge of the vehicle as well, and doesn't qualify yet to allow his girlfriend to drive even if she had a provisional license as IIRC you have to be over 21 and have a full license for 3 years or more.
Click to expand...
And L plates.

Regards the likely punishment - it is the DVLA who automatically revokes your licence if you receive/have 6 points (or more) within 2 years of passing, not the courts. The mandatory punishment for "permitting to drive without insurance" is 6-8 points and nothing you've said so far would appear to constitute special reasons not to endorse, sorry.
 
Last edited:

[TW]Fox

[TW]Fox

[TW]Fox

Man of Honour
Joined
17 Oct 2002
Posts
159,621
Hyper said:
I totally admit this to being my fault and will do so in court and will not begrudge paying a fine for my mistake and learn from it but I really dont want to lose my license over this.
Click to expand...

I dont think you will because although think its all your fault, it isnt. The majority of your fault rests with your girlfriend, as she is the one who was driving a car without insurance or a license to operate it. It obviously wasnt a quiet road either if a police car caught you.

You might be charged with minor offences relating to permitting somebody but the brunt of this is going to be on your girlfriend.

Hopefully she will now learn the importance of making sure she only drives cars she is insured to drive. It doesnt really matter how far it is or how quiet it is - a large proportion of accidents happen close to home and neither of you are a good judge of a quiet place if you ended up getting caught by the police.

It wont have been a routine check either, thats just too much of a co-incidence. I suspect her driving attracted the attention of the following police officers.
 

Burnsy2023

Burnsy2023

Burnsy2023

Man of Honour
Joined
17 Nov 2003
Posts
36,743
Location
Southampton, UK
[TW]Fox;17799122 said:
I dont think you will because although think its all your fault, it isnt. The majority of your fault rests with your girlfriend, as she is the one who was driving a car without insurance or a license to operate it. It obviously wasnt a quiet road either if a police car caught you.

You might be charged with minor offences relating to permitting somebody but the brunt of this is going to be on your girlfriend.

Hopefully she will now learn the importance of making sure she only drives cars she is insured to drive. It doesnt really matter how far it is or how quiet it is - a large proportion of accidents happen close to home and neither of you are a good judge of a quiet place if you ended up getting caught by the police.

It wont have been a routine check either, thats just too much of a co-incidence. I suspect her driving attracted the attention of the following police officers.
Click to expand...

Indeed. She will likely be charged with driving without insurance and driving without a licence. That will lead to a fine and points or a possible ban. The OP will be charged with permitting both of these offences.
 

Deleted member 66701

D

Deleted member 66701

The Road Traffic Act 1988, section 143 makes it an offence to use, cause or permit to be used a motor vehicle on a road or other public place when there is not force a policy of insurance or security against third party risks.

The offences under Section 143 Road Traffic Act, 1988 are

(1)Using, or
(2)Causing, or
(3)Permitting

a vehicle to be on a road without third Party insurance in force.

(1) is where you are driving a vehicle or in the case of a Company vehicle being used on the firms business, driver and Company both liable where no Insurance in force. (Special defence for employees using a vehicle in ignorance of lack of cover)
(2) Directing someone to drive - no Insurance in force either side
(3) Allowing a vehicle to be driven without Insurance. But a person does not permit if he allows another to use it only ON THE EXPRESS CONDITION that that person would first Insure it. (Newbury v David [1974]

Penalty;

Maximum fine of £5000, 6-8 points and discretion to disqualify for any period and/or a re-test. Must endorse unless "special reasons" exist.
Click to expand...

Looks like you're heading for having your license removed under the 6 point new driver rule at the very least.

She also looks likely to have 6 points added straight to her provisional, which would remain for 4 yrs, and that's even if they decide not to do anything about driving under a provisional license - traditionally they only enforce the "stronger" offence, which in this case is driving with no insurance.
 
Last edited by a moderator:

Django x2

Django x2

Django x2

Soldato
Joined
28 Sep 2008
Posts
14,129
Location
Britain
This happened to a good friend of mine, athough the person driving had a licence just wasn't insured. It was them that got the hammer thrown at them and the owner of the car who was present, wasn't even prosecuted.

However, this can still happen in this case even though she has no licence so it's likely her who will get shafted. You might find you get away with very little. Driving without insurance is a minimum of 6 points and a ban, don't know about licence
 
Last edited:

Django x2

Django x2

Django x2

Soldato
Joined
28 Sep 2008
Posts
14,129
Location
Britain
Firestar_3x said:
He will get done for allowing someone to drive his car whilst knowing she didn't have insurance or a licence, to my knowledge this can go down one of two ways, he can either admit he knew or he can say she stole the car.
Click to expand...

I disagree. In my friends case, the owner of the car was present when caught but was never prosecuted and never even appeared in court.
 
You must log in or register to reply here.
Back
Top Bottom