What's the likely outcome?
Discussion
My friend was caught without insurance and two tyres below the legal limit back in April this year. He was on his way home around 2AM with around a mile to go when his car felt strange. He pulled over to check what was wrong and one wheel had become loose so he stopped to tighten the wheel nuts and check nothing else was a miss.
Whilst stopped a panda car with two uniform officers stopped to ask what he was doing. I’m guessing seeing someone at the side of the road at 2AM in the morning working on their car could be a strange sight.
My friend explained what had happened which the officers were happy with but while he was there they decided they wanted to run some routine checks to make sure him and the car were legit. Upon checking the details the car came back saying it wasn’t insured, however my friend was adamant it was insured on a temporary policy.
Once they had the information the car was uninsured they went through the car with a fine tooth comb finding both rear tyres were below the legal limit. The car was impounded, my friend given a lift home and told they would be in contact via post of their intended action.
Fast forward to yesterday where he’s received a summons to court for driving a vehicle whilst uninsured and the two balding tyres.
Having spoken with him he admits the tyres were a massive over sight and he should have been more careful, he hasn’t much of a defence against these, but has been much more careful since.
The insurance is a little more complex. His car was insured on a temporary policy for one week. He thought the date the insurance expired was 12PM the following day, it was actually 12PM the previous day he was stopped, so the insurance had only been expired for two hours when he was stopped.
Furthermore, he needs to drive for his job and their policy is each employee can have only a maximum of 9 points on their license.
What is the likely outcome of these offences?
From looking on gov.uk website the IN10 offence carries 6-8 penalty points and each tyre up to 3 penalty points. So that’s a total outcome of around 12-14 penalty points, i.e job loss, license loss and I’d imagine a fairly hefty fine to boot.
Is there anything he can do to soften the blow? I believe there is a course on defective tyres now, would it be possible to plead ignorance on the tyres and say how a course could benefit you. At least then despite the IN10 he would still be able to keep his job, license etc.
Opinions please.
Whilst stopped a panda car with two uniform officers stopped to ask what he was doing. I’m guessing seeing someone at the side of the road at 2AM in the morning working on their car could be a strange sight.
My friend explained what had happened which the officers were happy with but while he was there they decided they wanted to run some routine checks to make sure him and the car were legit. Upon checking the details the car came back saying it wasn’t insured, however my friend was adamant it was insured on a temporary policy.
Once they had the information the car was uninsured they went through the car with a fine tooth comb finding both rear tyres were below the legal limit. The car was impounded, my friend given a lift home and told they would be in contact via post of their intended action.
Fast forward to yesterday where he’s received a summons to court for driving a vehicle whilst uninsured and the two balding tyres.
Having spoken with him he admits the tyres were a massive over sight and he should have been more careful, he hasn’t much of a defence against these, but has been much more careful since.
The insurance is a little more complex. His car was insured on a temporary policy for one week. He thought the date the insurance expired was 12PM the following day, it was actually 12PM the previous day he was stopped, so the insurance had only been expired for two hours when he was stopped.
Furthermore, he needs to drive for his job and their policy is each employee can have only a maximum of 9 points on their license.
What is the likely outcome of these offences?
From looking on gov.uk website the IN10 offence carries 6-8 penalty points and each tyre up to 3 penalty points. So that’s a total outcome of around 12-14 penalty points, i.e job loss, license loss and I’d imagine a fairly hefty fine to boot.
Is there anything he can do to soften the blow? I believe there is a course on defective tyres now, would it be possible to plead ignorance on the tyres and say how a course could benefit you. At least then despite the IN10 he would still be able to keep his job, license etc.
Opinions please.
Thanks for the (mostly) helpful replies.
For people suggesting that my friend is a figure of my imagination and this thread is really about me, you’re wrong. I’m simply relaying the story he told me and trying to give him some advice on the best course of action.
This is entirely out of character as before now he had an entirely clean license and hasn’t been convicted of any non-motoring crimes either.
As for pleading ignorance on the tyres, perhaps that was the wrong phrase to use. I was simply wanting to know if he could ask to have the penalty points waived if he were to attend a course which he personally feels would benefit him more. It would also have the plus side of keeping his license and ultimately his job!
From the replies thus far it seems it will be down to the magistrate to decide so pleading mitigating circumstances playing on the fact how important his license is to him for his job etc. will be the best course of action.
ETA: Thanks Agtlaw for the clarification. I believe you're a lawyer that deals with motoring offences, if I've got this correct and not confused you with someone else would it be possible to forward your details onto my friend as I'm sure he's going to need all the advice and help he can get.
For people suggesting that my friend is a figure of my imagination and this thread is really about me, you’re wrong. I’m simply relaying the story he told me and trying to give him some advice on the best course of action.
This is entirely out of character as before now he had an entirely clean license and hasn’t been convicted of any non-motoring crimes either.
As for pleading ignorance on the tyres, perhaps that was the wrong phrase to use. I was simply wanting to know if he could ask to have the penalty points waived if he were to attend a course which he personally feels would benefit him more. It would also have the plus side of keeping his license and ultimately his job!
From the replies thus far it seems it will be down to the magistrate to decide so pleading mitigating circumstances playing on the fact how important his license is to him for his job etc. will be the best course of action.
ETA: Thanks Agtlaw for the clarification. I believe you're a lawyer that deals with motoring offences, if I've got this correct and not confused you with someone else would it be possible to forward your details onto my friend as I'm sure he's going to need all the advice and help he can get.
Edited by Bradley1500 on Wednesday 29th October 14:29
Genuine question and wanting genuine answers. This really is my friend and not me for anyone else still doubting, my license is 100% clean (except a speed awareness course last year!)
A few helpful PHers seem to have answered my questions. I've told him to expect the judges to ignore the tyres and simply rule the harshest punishment for driving without insurance so up to 8 points and hefty fine plus court costs.
The car wasn't new to him but from memory he had recently bought a new car and changed the insurance over. I'm not sure why he temporarily covered his old car but it was a genuine mistake on his part on the date the insurance expired.
Once I know the outcome I'll update you guys. Thanks for all the helpful responses.
A few helpful PHers seem to have answered my questions. I've told him to expect the judges to ignore the tyres and simply rule the harshest punishment for driving without insurance so up to 8 points and hefty fine plus court costs.
The car wasn't new to him but from memory he had recently bought a new car and changed the insurance over. I'm not sure why he temporarily covered his old car but it was a genuine mistake on his part on the date the insurance expired.
Once I know the outcome I'll update you guys. Thanks for all the helpful responses.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff