Driving Otherwise In Accordance......Advice?

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Tue 19 Apr 2011 09:35
Driving Otherwise In Accordance......Advice? - fluffycontractor
OK so its come to this, the Summons arrived today with apparently just the one offence.

Driving a vehicle "....otherwise than in accordance with a licence authorising you to drive a motor vehicle of that class. Contrary to section 87(1) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988....This offence carries penalty points....endorsable offence.

It goes on to give a Statement of Facts..."the defendant drove.....otherwise than in accordance with a licence for that class of motor vehicle in that the driver was not the holder of a driving licence"

So there doesn't seem to be any indication that I will be prosecuted for an offence of driving without insurance unless for some reason that is bundled in and incorporated with the above offence?

One of the officers does tick a box stating "There was not in force in relation to their use a current and valid Policy of Insurance for the above vehicle." (Though of course I had a fully comp policy)

and another stating "There was not in force in relation to their use a current and valid Driving Licence for the category of vehicle.

Now I am aware of this... "Driving otherwise than in accordance with a licence carries a mandatory endorsement unless you were entitled to hold an appropriate licence - in which case there are no points, only a fine."

My main motivation here is to avoid the IN10 (driving without insurance) which initially at least it doesn't seem I am being prosecuted for and secondly keeping my licence points free! the fine I don't mind.

So $64,000 question....do I simply plead Not Guilty and explain that DVLA quickly reissued my licence full and clean?....or am I going to have to try and dig into events as to why 13 years ago my licence was revoked in the first place?....the licence was re-issued without any fees payable.
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Tue 19 Apr 2011 09:51
Driving Otherwise In Accordance......Advice? - RT

Purely a layman's view - surely the absence of a current licence is an accepted fact so a plea of guilty and present mitigating circumstances may be a better way to go. You may need to dig for the licence history evidence rather than simply making an unsubstantiated claim.

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Tue 19 Apr 2011 12:13
Driving Otherwise In Accordance......Advice? - FP

I agree with RT (again, strictly as a layman). Surely you need to prove that you were entitled to a licence. The offence is that you drove without the correct document and there's no point in wasting the court's time pleading Not Guilty to that - the court will not like it. And hopefully that's all you will be faced with. The argument in court should be about the sentence.

Edited by ChrisPeugeot on 19/04/2011 at 12:15

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Tue 19 Apr 2011 12:38
Driving Otherwise In Accordance......Advice? - fluffycontractor
Thanks for the advice, I have spoken to a solicitor who believes the case can simply be withdrawn on public interest grounds and are now working towards that end.
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Tue 19 Apr 2011 15:20
Driving Otherwise In Accordance......Advice? - Dwight Van Driver

The crux of this is that at the time and date stopped your did not have a Licence to drive the vehicle involved according to DVLA records. You will have to show otherwise to the Court to achieve a Not Guilty verdict. Can you do so?. If not, many would advise a Guilty plea with all the mitigation you can summons as to why no Licence.

Normally a person with no Licence invalidates Insurance. In your case it appears that at one stage you held a Licence so you comply with the requirement of the Insurance Policy in covering a person who holds OR has held a Licence to drive and is not disqualified by Court Order or age..

This is why, I would presume, only a summons for No Driving Licence and not an added charge of No Insurance.

dvd

No2av

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