Driving on Provisional License

Kilty_2

hartcjhart wrote: »

OP I think you seriousle need to see a solicitor that deals with driving offences,
we can all offer advice/criticism but you really need to know THE LAW as it relates to you

This tbh because one of you if not both are going to be in court soon

crystaltipps

Gandalfthesecond wrote: »

Others avoid the temptation to commit dishonest criminal offences. It's not really that hard is it?

Indeed.

I was just saying that the temptation, especially when weather is awful and a thirty minute car journey takes an hour plus on train and bus, is huge! I was far too chicken to do it too - would have been mortified if I was the OP's partner.

But I am glad I waited as my insurance is about the same as the car is worth and I hope it goes down...not up!

Gandalfthesecond

bitemarx wrote: »

Is it an absolute certainty that my wife will be charged? The policewoman who took the details said "If you are charged, then you will need to pay a fine, and possibly appear in court in addition to a possible ban".
Althought this may become a TWOC case, can the police still charge her even if I dont intend to press charges?

In theory no, but then you face 6 to 8 points as you permitted her to drive without insurance.;)

Kilty_2

bitemarx wrote: »

Is it an absolute certainty that my wife will be charged?

Sorry but I hope so - I don't burst my balls at work so that I can be insured and roadworthy in order to subsidise those that aren't.

DirectDebacle

bitemarx wrote: »

The policy is comprehensive...would that not normally include third party cover, too?

bitemarx you are between a rock and a hard place.

to sum up as things stand at the moment your wife could be charged with the following offences:

1. Taking a vehicle without the owners consent

2. No insurance

3.Provisional licence driving whilst unaccompanied

4. Driving without due care and attention

5. L Driver not displaying L plates (if they wern't displayed)

Forget what insurance policies you or she have. No insurance co. will insure someone knowingly driving a stolen vehicle.

Under the above scenario your comp. policy will cover the claim by the third party and any damage to your vehicle.

It is likely that your insurers will pursue your wife for recovery of their costs.

Not having full details it may well be too risky now to change your mind and decide she did have permission, thus letting her off the most serious charge as at 1 above.

Even if it were believed that you did give her permission then it is likely that she would be summonsed for no insurance and you for permitting her to drive with no insurance.

If you aren't believed then the consequences could be even more dire. Attempting to pervert the course of justice is no laughing matter. So despite the understandable advice that you shouldn't drop your wife in it, be very careful on what you decide from now on.

Gandalfthesecond

DirectDebacle wrote: »

bitemarx you are between a rock and a hard place.

to sum up as things stand at the moment your wife could be charged with the following offences:

1. Taking a vehicle without the owners consent
Aggravated twoc she crashed.

2. No insurance

3.Provisional licence driving whilst unaccompanied Driving otherwise that in accordance with a licence.

4. Driving without due care and attention

5. L Driver not displaying L plates (if they wern't displayed) That's part of 3.

Forget what insurance policies you or she have. No insurance co. will insure someone knowingly driving a stolen vehicle.

Under the above scenario your comp. policy will cover the claim by the third party and any damage to your vehicle.

It is likely that your insurers will pursue your wife for recovery of their costs.

Not having full details it may well be too risky now to change your mind and decide she did have permission, thus letting her off the most serious charge as at 1 above.

Even if it were believed that you did give her permission then it is likely that she would be summonsed for no insurance and you for permitting her to drive with no insurance.

If you aren't believed then the consequences could be even more dire. Attempting to pervert the course of justice is no laughing matter. So despite the understandable advice that you shouldn't drop your wife in it, be very careful on what you decide from now on.

Get up to date on your RTA offences.

OP it's also aggravated twoc as she caused damage to your vehicle/third party property.

Tea is going to be fun in their house tonight.

Kilty_2

Although driving without L plates is the same offence as driving unaccompanied, doesn't it increase the number of points?

Sure you can get 3 per missing plate but I might be wrong.

DirectDebacle

Gandalfthesecond wrote: »

In theory no, but then you face 6 to 8 points as you permitted her to drive without insurance.;)

In theory yes. bitemarx would be treated as a 'hostile witness'. This would be a bad thing. Difficult under oath to convince that permission was given after saying it wasn't and that you gave that permission in the full knowledge that you were aiding and abetting offences.

Harsh as it may seem, if charges are pressed then the best course of action is to allow your wife to take full resposibility for her actions. No point in you both jeopardising your good names and driving records etc.

Gandalfthesecond

Kilty wrote: »

Although driving without L plates is the same offence as driving unaccompanied, doesn't it increase the number of points?

Sure you can get 3 per missing plate but I might be wrong.

Driving otherwise than in accordance can be 3 points on a ticket. Given the full circumstances the OP's wife will no doubt be disqualified from driving for this.

rev_henry

Gandalfthesecond wrote: »

How???????????

Ah, I thought there was a database of such things, but I think I was thinking of this:
http://www.insurancefraudbureau.org/

Which isn't quite the same thing. I'm not doing very well with accuracy today!