Advice for no licence/insurance etc?
Discussion
How long is a piece of string Lemmonie?
No Insurance Max = £5,000, discretionary disqualification, obligatory endorsement, 6 to 8 points.
Driving Licence = £1,000, discretionary disqualification in case where offenders driving would not have been in accordance with any licence that could have been granted to him, obligatory endorsement and 3 - 6points.
Less than the maximum and he should be a happy man.
dvd
No Insurance Max = £5,000, discretionary disqualification, obligatory endorsement, 6 to 8 points.
Driving Licence = £1,000, discretionary disqualification in case where offenders driving would not have been in accordance with any licence that could have been granted to him, obligatory endorsement and 3 - 6points.
Less than the maximum and he should be a happy man.
dvd
Two offences
- No insurance
- No whilst disqalified
Courts are given guidance to fine / points only for most severe.
Following are guidelines only for first time offender pleading Not Guilty.
- No insurance - 6-8points or short (56 day) Disqual + Fine - 1wks wages; max £5k. Community service option.
- No whilst disqualified - 6pts, may disqual again Community penalty. Max £5k and/or 6months
Magistrate will then take into account aggravating (driving dangerously, vehicle defective, never passed test, deliberately w/o insurance, never held insurance) and mitigating (emergency, accidental oversight, smaller vehicle) to move this level up or down. They will also consider the offender (genuine remorse, diffcult domestic circumstances). From what you have said, up is likely, as never passed a test.
They can get creative and order extended re-tests, disqual until test passed (likely in your bro's case, I think).
A guilty plea may expect to get around 30% discount, and reduced costs.
All in all, I think with a guilty plea, he is looking at 6pts, disqual until retested, possibly extended retest, a weeks wages + some community time. But really really hard to say without the full report.
- No insurance
- No whilst disqalified
Courts are given guidance to fine / points only for most severe.
Following are guidelines only for first time offender pleading Not Guilty.
- No insurance - 6-8points or short (56 day) Disqual + Fine - 1wks wages; max £5k. Community service option.
- No whilst disqualified - 6pts, may disqual again Community penalty. Max £5k and/or 6months
Magistrate will then take into account aggravating (driving dangerously, vehicle defective, never passed test, deliberately w/o insurance, never held insurance) and mitigating (emergency, accidental oversight, smaller vehicle) to move this level up or down. They will also consider the offender (genuine remorse, diffcult domestic circumstances). From what you have said, up is likely, as never passed a test.
They can get creative and order extended re-tests, disqual until test passed (likely in your bro's case, I think).
A guilty plea may expect to get around 30% discount, and reduced costs.
All in all, I think with a guilty plea, he is looking at 6pts, disqual until retested, possibly extended retest, a weeks wages + some community time. But really really hard to say without the full report.
AFAIK - insurance-related crime efforts are more about enforcement (catching them) than sentencing. The guidelines I have written are from the Bench Book, which I think are the current guidelines.
Political considerations do filter into sentencing, but only very slowly, and with some resistance from the judiciary. AIUI.
Political considerations do filter into sentencing, but only very slowly, and with some resistance from the judiciary. AIUI.
No offence, lemmonie, but I hope they throw the book at him.
Whatever it costs him, it's got to be less than a load of lessons and 8 years insurance hasn't it? As xxplod points out, insurance will be hugely expensive if he does take his test, so what do we think will happen? That's right, carry on driving.
Until there is some real deterrent people will carry on doing this sort of thing.
As far as I am concerned, 8 years shows no intent to "do the right thing". Should be fined/pointed AND then fined for the amount the insurance should have cost over that time - and this put into the fund for uninsured drivers.
Then again, most people will be paying off fines at 20p a week so it will make no difference...
(Again, no offence intended, but this sort of stuff makes me really mad.)
Whatever it costs him, it's got to be less than a load of lessons and 8 years insurance hasn't it? As xxplod points out, insurance will be hugely expensive if he does take his test, so what do we think will happen? That's right, carry on driving.
Until there is some real deterrent people will carry on doing this sort of thing.
As far as I am concerned, 8 years shows no intent to "do the right thing". Should be fined/pointed AND then fined for the amount the insurance should have cost over that time - and this put into the fund for uninsured drivers.
Then again, most people will be paying off fines at 20p a week so it will make no difference...
(Again, no offence intended, but this sort of stuff makes me really mad.)
Hey Nicecupoftea,
Brother or not i think he is a tw*t and deserves more than a poxy fine and a few points on a non existant license. course he wont pay over the odds for insurance IF he gets s license, he'll just continue driving without insurance. After all 8 years without being caught is pretty cheap motoring.
We all told him but will he listen? no.
Brother or not i think he is a tw*t and deserves more than a poxy fine and a few points on a non existant license. course he wont pay over the odds for insurance IF he gets s license, he'll just continue driving without insurance. After all 8 years without being caught is pretty cheap motoring.
We all told him but will he listen? no.
lemmonie said:
Hey Nicecupoftea,
Brother or not i think he is a tw*t and deserves more than a poxy fine and a few points on a non existant license. course he wont pay over the odds for insurance IF he gets s license, he'll just continue driving without insurance. After all 8 years without being caught is pretty cheap motoring.
We all told him but will he listen? no.
Why don't you issue some "Family Justice"
Depending on why he was caught in the first place I would suspect having been caught once his chances of getting caught again are a lot higher.
He only needs to be spotted by the same police officer and is likely to get stopped again, particularly if he has done anything for the pol;ice officer to remember him! This would of course be assisted if anyone shops him for continuing to drive!
He only needs to be spotted by the same police officer and is likely to get stopped again, particularly if he has done anything for the pol;ice officer to remember him! This would of course be assisted if anyone shops him for continuing to drive!
lemmonie said:
Hey Nicecupoftea,
Brother or not i think he is a tw*t and deserves more than a poxy fine and a few points on a non existant license. course he wont pay over the odds for insurance IF he gets s license, he'll just continue driving without insurance. After all 8 years without being caught is pretty cheap motoring.
We all told him but will he listen? no.
If he does get caught again driving whilst disqualified, I think he'd be looking at the thick end of the magistrates choice of an awful lot of community service and a few grand, or a few months inside.
They don't like seeing the same person twice for the same offence.
There's also the fact that he will now be on local plods radar and he won't get away with 8 years again. His car and face will be known and if he's caught repeatedly he'll be up for a dose of strippy daylight for a few months, which seems very lenient when you think of the misery an unisured driver can cause....
You might have to break his gear changing arm.....
You might have to break his gear changing arm.....
7db said:
Hey Nicecupoftea,
Brother or not i think he is a tw*t and deserves more than a poxy fine and a few points on a non existant license. course he wont pay over the odds for insurance IF he gets s license, he'll just continue driving without insurance. After all 8 years without being caught is pretty cheap motoring.
We all told him but will he listen? no.
If he does get caught again driving whilst disqualified, I think he'd be looking at the thick end of the magistrates choice of an awful lot of community service and a few grand, or a few months inside.
They don't like seeing the same person twice for the same offence.
Wry grin 7db....
When I was operational first time anybody caught driving whilkst disqualified were given 6 months pokey, no if's no buts.
Now another ban and some hours weeding a garden.
Disq drivers now ten a penny and special Pold squads to deal with them.
???????????
dvd
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