Negative breath test, not speeding but likely to be fined!!!

[Jizz Monkey]

Christmas day I was followed by a police car for about 3 miles, through 40 to 30 MPH limit. Driving at normal speed because I knew he was following. He followed me for about 3 miles before stopping me and discussing my speed, he had no proof of any offence, he then breathalised me this proved negative. He then carried out a PNC check and stated that my MOT was out of date and could I produce it within 7 days. I produced a new MOT as I was unable to locate the old one and I am now being charged with the offence of not having a current MOT (my mistake obviously but as TAX and insurance were in date didn't even cros my mind that it was out of date). How much would I expect to be fined for this offence?
As a side note did he have any grounds to stop me, he only used his blues to stop me (no siren) and then when he approached me he was not fully dressed (no hat or jacket as he stated in his statement).

Thanks for any responses.

[CommanderJameson]

Jizz Monkey said:

As a side note did he have any grounds to stop me

Didn't need any.

[FishFace]

Forgot everything the Police officer did.

The burden lies on you here to show you had an MOT at the time. All the prosecution needs to prove is that you were on a road in a motor vehicle.

[splitter / judas]

Section 163 of the Road Traffic Act allows Police to stop you to check the driver/documents. If the officer says in his statement he was in full uniform (I'm guessing that what was said) then this can be taken as no need for hat or hi-vis.

[SS2.]

Have you been given a Fixed Penalty ?

No MOT can ordinarily be dealt with by a non-endorsable FPN - £60 fine, IIRC..

[Dwight VanDriver]

Presume you old TC was over a month out of date?

Still only a nominal fine - no points.

Authority for B Test ?

No accident.
Moving Traffic Offence - No test cert ...yes
Smell of the Barmaids apron on the breath...yes if applicable.

dvd

[ALawson]

Can you get a MOT cert reprinted if you know where it was tested?

[Dwight VanDriver]

As the Churchill Dog says

"Oh Yes"

http://www.duplicatemot.co.uk/

dvd

[Jizz Monkey]

SS2. said:

Have you been given a Fixed Penalty ?

No MOT can ordinarily be dealt with by a non-endorsable FPN - £60 fine, IIRC..

No FPN just a court summons.

[Jizz Monkey]

Dwight VanDriver said:

Presume you old TC was over a month out of date?

Still only a nominal fine - no points.

Authority for B Test ?

No accident.
Moving Traffic Offence - No test cert ...yes
Smell of the Barmaids apron on the breath...yes if applicable.

dvd

Couldn't find old cert, spoke to one garage and they said it was still in date, but police say no.

As I couldn't find old cert. just had it re-tested straight away (day after Boxing day) basically the first opportunity.

Now I have court summons, with a potential max £1000 fine

[SS2.]

Jizz Monkey said:

Couldn't find old cert, spoke to one garage and they said it was still in date, but police say no.

And have you been summoned specifically for no test certificate, as opposed to failing to produce a valid test certificate ?

[Jizz Monkey]

SS2. said:

Jizz Monkey said:

Couldn't find old cert, spoke to one garage and they said it was still in date, but police say no.

And have you been summoned specifically for no test certificate, as opposed to failing to produce a valid test certificate ?

Failing to produce a valid test certificate.

[falcemob]

Why didn't you get a duplicate certificate?

[Jizz Monkey]

falcemob said:

Why didn't you get a duplicate certificate?

Despite one garage saying the car was MoT'd, the police stated the car was not MoT'd, or at least they couldn't find any evidence that an in date cert. existed. So what the feck is the point in have a computerised MoT system ??

Plus the panic of not having a cert. I wanted to be legal so got a new one ASAP. If I found the old one then the new one was just a backup.

Plus I didn't know you could re-print a cert.

Hindsight and knowledge is a dangerous combination

Edited by Jizz Monkey on Saturday 2nd February 17:00

[SS2.]

In short, you failed to produce a test certificate when required and, in doing so, committed an offence.

Damage limitation:

An early guilty plea would qualify for a sentence reduction of up to 1/3.

Also, you could attend court for sentencing and offer mitigation in person - dress smartly, be polite and state the chain of events as you have done here..

A sympathetic bench could see you 'escape' with a negligible fine, although you will probably remain liable for court costs (~£40) and the £15 Victim Support Tax Surcharge..

Edited by SS2. on Saturday 2nd February 17:08

[Number 7]

So the Police say that you were using a vehicle without a valid MOT. You obtained a new MOT, which wont be retrospective, so will not help that offence, but are now summoned for just failing to produce a valid MOT.

Unless I've missed something, isn't the former more serious? Not wishing you to be done for a more serious offence, but I'm intrigued as to why the change.

7.

[Jizz Monkey]

SS2. said:

In short, you failed to produce a test certificate when required and, in doing so, committed an offence.

Damage limitation:

An early guilty plea would qualify for a sentence reduction of up to 1/3.

Also, you could attend court for sentencing and offer mitigation in person - dress smartly, be polite and state the chain of events as you have done here..

A sympathetic bench could see you 'escape' with a negligible fine, although you will probably remain liable for court costs (~£40) and the £15 Victim Support Tax Surcharge..

Edited by SS2. on Saturday 2nd February 17:08

Thanks for that SS2, basically that is the plan, at the end of the day when I couldn't find the MoT I got a new one as soon as I could.

When you say "An early guilty plea would qualify for a sentence reduction of up to 1/3." do you mean what ever the fine is going to be?

It's certainly been interesting all the comments people have been made, and I certainly will be keeping that WEB address in the old favourites.

Edited by Jizz Monkey on Saturday 2nd February 18:40

[SS2.]

Jizz Monkey said:

When you say "An early guilty plea would qualify for a sentence reduction of up to 1/3." do you mean what ever the fine is going to be?

Yes.

If you enter a guilty plea at the first reasonable opportunity, you are rewarded by having the sentence (in your case, whatever the fine would have been) reduced by a suggested 1/3. The level of the reduction is a sliding scale and drops down to a suggested 1/10 for a change of plea to guilty on the day of the trial itself.

The offence itself will carry guideline fine levels which the Magistrates will consider. They will also take into account your ability to pay - you will be required to complete a means form before sentencing. They will also listen to anything you want to say in mitigation of the offence.

The Magistrates will then determine the final figure based upon the combination of these factors...

At least that's how its supposed to work..

[a boardman]

can you still get a copy of the old test certificate even if you have a new one, at least it would show you had a valid mot but no certificate.

or can you not check the vosa website for mot history.

[SS2.]

a boardman said:

can you still get a copy of the old test certificate even if you have a new one, at least it would show you had a valid mot but no certificate.

JM has been summoned for failing to produce a valid test certificate, as opposed to not having a valid test certificate. Whilst the fact that the car was still MOT'd might help with his mitigation, its not relevant to the actual charge he has to answer..

Edited by SS2. on Saturday 2nd February 19:30