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#256220 - 10th Sep 2008 6:13pm Stopped while driving on a provisional
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
A mate of mine has just been pulled over by Cheshire Police in Ellesmere Port doing a "routine" stop on an industrial estate.

His car is legal with regards to insurance, mot and tax. But unfortunately he has not passed his test yet after failing one last week. His next test is in 16 days.

But he told the officer that stopped him that he passed his test last week and is waiting for his licence to come back from the DVLA. The officer accepted this and gave him a 7 day document producer.

Back to the fact he is only on a provisional and told the officer he has passed. Where will he stand on this?

He is also planning on going down to the police station and admitted that he is on a provisional and panicked at the time.

ALSO. He was driving unaccompanied and WITHOUT 'L' plates on view

He is unsure what to do. Any advice would be gratefully recieved

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#256222 - 10th Sep 2008 6:43pm Re: Stopped while driving on a provisional [Re: Tony_1985]
jason24v6
Unregistered


if i was him i would get down to the police station and admitted that he is on a provisional and panicked.
i dont think he will get away with it,av bin there and never got away with it. happy

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#256224 - 10th Sep 2008 6:49pm Re: Stopped while driving on a provisional [Re: ]
MrPhil Offline
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Registered: 14th Apr 2006
Posts: 2367
Loc: Prenton
As above, admit it, only speak when being recorded. expect a hefty fine or a ban as his insurance would not be valid as you have to have a full licence.

6-8 points he should expect.
_________________________

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#256225 - 10th Sep 2008 6:52pm Re: Stopped while driving on a provisional [Re: Tony_1985]
Wench Offline

H4H County Volunteer
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Registered: 9th Aug 2008
Posts: 8616
Loc: Second Circle of Hell.
Where to start.

If you are currently a provisional driver, the New Drivers' Act that can lead to a licence being revoked for six points only, immediately applies in the probationary period, which lasts for 2 years after you have passed your test.

He's likely to be charged with failing to drive in accordance with a licence (3 points). If the police are feeling particularly vindictive they could also seek to bring a "no insurance" charge as he has no licence, because the insurance would be void.

This would mean a penalty of 6-8 points (in total as the no licence penalty would run concurrently as the offences took place at the same time). Generally, it's up to 8 points plus fine for the no insurance. He should not get any additional points for being unaccompanied without a licence as the two offences will be dealt with concurrently as they took place at the same time.

A person who knowingly provides the Police with false information commits a crime of attempting to pervert the course of justice or perverting the course of justice. This is a far more serious crime than the original offence and can carry a prison sentence.

My advice would be to confess to giving false information - it will look better if he does it now, rather than the police finding out.

I think I've covered everything. I'm sure Auditastic can either confirm, correct and/or add to this.

Hope that helps.


_________________________
Sometimes Police Officers give more than just speeding tickets!

Itís hard to be fit as a fiddle when youíre shaped like a cello!

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#256229 - 10th Sep 2008 6:59pm Re: Stopped while driving on a provisional [Re: Wench]
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
so what would happen if he just confessed to it today

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#256230 - 10th Sep 2008 7:01pm Re: Stopped while driving on a provisional [Re: Tony_1985]
Wench Offline

H4H County Volunteer
Wiki Veteran

Registered: 9th Aug 2008
Posts: 8616
Loc: Second Circle of Hell.
Still be the same offences, but it would go in his favour and possibly reduce the fine and not lead to a custodial sentence.
_________________________
Sometimes Police Officers give more than just speeding tickets!

Itís hard to be fit as a fiddle when youíre shaped like a cello!

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#256231 - 10th Sep 2008 7:04pm Re: Stopped while driving on a provisional [Re: Wench]
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
ok, cheers

i will pass this information onto him and see what he wants to do

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#256233 - 10th Sep 2008 7:06pm Re: Stopped while driving on a provisional [Re: Tony_1985]
MrPhil Offline
Forum Master

Registered: 14th Apr 2006
Posts: 2367
Loc: Prenton
Quicker you admit the less fine sentance you will recieve, if he does go to court tell the duty solictor what happened in his own words.
_________________________

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#256309 - 10th Sep 2008 10:11pm Re: Stopped while driving on a provisional [Re: MrPhil]
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
Well, took him down to Blacon Police Station (Chester)

Producer was dealt with as normal, so no problems there

Then came the admitting to giving false information.

Dont know what he said to the police but he admitted to only having a provisional and he panicked at the scene.
They checked what he said to the officer at the roadside, she said that he had told her he had a full licence.
He was then read his rights and cautioned pending prosecution at court for driving without a licence.

Was then released from the station. No arrests or anything

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#256312 - 10th Sep 2008 10:21pm Re: Stopped while driving on a provisional [Re: Tony_1985]
Wench Offline

H4H County Volunteer
Wiki Veteran

Registered: 9th Aug 2008
Posts: 8616
Loc: Second Circle of Hell.
PM waiting Tony happy
_________________________
Sometimes Police Officers give more than just speeding tickets!

Itís hard to be fit as a fiddle when youíre shaped like a cello!

Top
#256369 - 11th Sep 2008 2:33am Re: Stopped while driving on a provisional [Re: Wench]
Mondeo_Scott Offline
Forum Master

Registered: 14th Aug 2006
Posts: 2875
Loc: Wirral
tony my friend this happened to me if you remeber also by cheshire police and the offence is "Driving otherwise in accordance with a provisional licence" all i ended up with is 3 points and £65 fine.

i also said i passed my test as i also panicked i went to blacon and came clean at the police station then a few months later received a magistrates court summons which i then done my post.

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#256370 - 11th Sep 2008 2:37am Re: Stopped while driving on a provisional [Re: Mondeo_Scott]
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
yeah, but someone doesnt know how to answer his phone

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#256372 - 11th Sep 2008 2:40am Re: Stopped while driving on a provisional [Re: Tony_1985]
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
where were you all day, not answering your phone

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#256373 - 11th Sep 2008 2:42am Re: Stopped while driving on a provisional [Re: Tony_1985]
Mondeo_Scott Offline
Forum Master

Registered: 14th Aug 2006
Posts: 2875
Loc: Wirral
been busy mate with this Pub in wrexham sorry and the phone signal is proper poo aswell

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#256374 - 11th Sep 2008 2:47am Re: Stopped while driving on a provisional [Re: Mondeo_Scott]
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
thats what they all say

blame it on the signal raftl

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