Provisional driver caught driving alone....

pogofish

Well, in her case they did and she was fined accordingly.

Shawn_Dark

my friend had the same thing happen to him last year (his brother took his car without permission)... nothing happened.

his brother got a letter through the post, pleaded guilty, got a £270 fine and 6 points on his provisional license.
end of.

Welsh_Exile

pogofish wrote: »

In my case, after giving my statement saying she had no permission to drive, I was given the option of proceeding with charges or not - I declined and the police were quite OK with that.

pogofish wrote: »

Well, in her case they did and she was fined accordingly.

:huh: These seem contradictory. Was she convicted of twoc or not?

If the OP's husband declines to incriminate himself and she declines to make a statement then I can't see how there will be a prosecution for twoc.

oh - he is an idiot, of course, and I wouldn't argue too much with anyone saying that he deserves a criminal record. However I think you'll find the Old Bill will settle for the lesser offences.

pogofish

She was, but not as the upshot of my complaint. Police brought the TWOC charge themselves (on her own admission?). This may have been reflected in the admonishments and very small element for TWOC (£40) in her total fine - the remaining £50 and the points were for the no insurance charge.

TBH, by that point things were on their last legs with us and beyond seeing the insurance aspect (and hence my own backside) was covered properly, I didn't take any role in the case.

vax2002

The charge of allowing a vehicle to be used without insurance basically relies upon admission.
You do have a right to silence and for a very good reason

robredz

vax2002 wrote: »

The charge of allowing a vehicle to be used without insurance basically relies upon admission.
You do have a right to silence and for a very good reason

Unless as is patently not the case here but under S172 for a NIP the RK can get done for non compliance, the right to silence has been effectively removed here.

birkee

Welsh_Exile wrote: »

No, completely different situation. The police know who was driving.
clb - all you have to to is say something like, "No, I didn't give permission but I'm not prepared to make a statement."
That should prevent you being prosecuted for "permitting no insurance".
The police will almost certainly settle for what they've got - ie driving otherwise than in accordance with a driving licence and no insurance. And you can't be required to give evidence against your husband in these circumstances. Taking w/o consent is a criminal offence - as upset as you might be I'm assuming you don't want him getting a criminal record.

You missed the point of my response to the previous post advising "say nothing".
To say "No, I didn't give permission" is saying something, and will aquit the OP.
She will almost certainly have to make a statement saying she did not give permission to provide evidence in court against her husband.
Not making a statement about whether she gave permission or not, could be construed as attempting to pervert the course of justice.

Did she give permission? An offence, and insurance complications.
Did she not give permission? He's done for TWOC, and probable won't be allowed as a named driver on her next insurance.

Welsh_Exile

birkee wrote: »

You missed the point of my response to the previous post advising "say nothing".
To say "No, I didn't give permission" is saying something, and will aquit the OP.
She will almost certainly have to make a statement saying she did not give permission to provide evidence in court against her husband.
Not making a statement about whether she gave permission or not, could be construed as attempting to pervert the course of justice.

Did she give permission? An offence, and insurance complications.
Did she not give permission? He's done for TWOC, and probable won't be allowed as a named driver on her next insurance.

Sigh - OK perhaps I wasn't clear.
Here are the OP's options as I see them -

1. Say "I didn't give permission" and decline to give a statement or support a prosecution.

2. Give a statement and support a prosecution of her hubby for TWOC.

3. Say nothing.


Option 3 is risky because she stands a good chance of getting done for "permitting no insurance". However she will not be guilty of attempting to pervert the course of justice unless she actively does something e.g. telling lies. You are completely wrong on this point.
And, once again, s.172 is not relevant in this case.

clb776

Thanks for the advice....I haven't been contacted about anything yet. I am upset and angry and disgusted at the lack of respect for me and the law my husband has demonstrated! We had s big argument about it today. I hope he gets banned from driving for a long time. Ignorant people like that should not be on the road. I will gladly make a statement. Serves him right. If he had hurt someone then I would never ever be able to forgive myself as at the end of the day it's my car. I have been in accidents and know how much pain it can cause. Cars are dangerous!!! I cannot see how this could affect my insurance...can I ring up now and cancel it? I will not be collecting the car so do not need to be insured?

clb776

Abu_Yoosha wrote: »

my friend had the same thing happen to him last year (his brother took his car without permission)... nothing happened.

his brother got a letter through the post, pleaded guilty, got a £270 fine and 6 points on his provisional license.
end of.

6 points on provisional would be carried onto new licence would they not...therefore once test passed licence taken away as new learners only allowed 6 in first 24 months? Then I think they stay on for at least 4 years so effectively banned from driving for that length of time?

Is that right?