Hi, I am due in court for driving without a licence and no insurance. I was in a collision due to no fault of my own while visiting the UK on business and pleasure. I live in Spain and England. The accident was observed by an unmarked police car. While no injuries had taken place my car was a right off. The police officer did driver checks and it was found that I did infact have a revoked licence. It was revoked in 2006(after finding out from DVLA) The DVLA have said to me they cant explain why it was revoked as it was over 4 years old. During that time I was a full resident in Spain. I understand that my insurance will be void and have to expect the worse. Since then I have got a full licence back. Had to buy a new car and new insurance policies taken out. However i'm due in court and unsure how to plee? Any help is appreciated.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.On the basis you accept you were not insured then you would need to attend Court and plead guilty (because you did not have insurance) but plead special reasons.This is because the Court does have a discretion to not give a penalty. They can waive any points but you WILL have to plead guilty.You can argue that the DVLA revoked your licence but can not say why and that you were not notified.If you can get a letter from the DVLA confirming this, this would greatly assist you.This is because you can reasonably show they either can not produce a record of why and when, but also that they wrote to your wrong address.But you will have to plead guilty with special reasons. This is because you either had insurance or you did not.On the basis of what you have said, you did not.The Court, if accepted, could give you no points. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
I have been sent a plead by post, is this not sufficient enough? I have proof from the DVLA that the licence was revoked but it clearly says there is no endorsements just revoked for no return of licence. I need my licence 100% for my job and to visit my children regularly who live approx 200 miles away from me. Is there any mitigating circumstances that would help???
No.For special reasons not to endorse you will need to attend a hearing.This is because the Court will need to consider your circumstances.You can plead guilty by post - but may not get special reasons.You wouldn't be disqualified anyway - just get points. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
So the best option is to go to court tomorrow then?? Will there be a duty solicitor that will speak for me??
You can ask for the duty Solicitor but as this is special reasons they may not represent.But you can do this yourself, the legal adviser is there to help you and the Court get all the information. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Called to the Bar in 2007
I'm just following up with you to see how everything is going. Did my answer help?UK-Justice
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