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just stoped by police driving borrowed car with no insurance .what will happen

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  • Robisere
    Robisere Posts: 3,237 Forumite
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    Very few people here have given advice, or a sympathetic ear to this lady's plight. As a dad to a daughter, I consider her situation, why don't you all do the same?

    Instead of which, some of you want her punished as severely as possible - death penalty, anyone? Many more of you want to argue amongst yourselves about "facts" and events which have nothing whatsoever to do with the OP's story.

    Sarah has depression and needed to remove her daughter from a dangerous area. She took a risk to do that and will shortly know what that will cost her. Well, given the same circumstances and if I saw no alternative, I would do the same. Because the 22 year old daughter is FAMILY and Sarah obviously loves her. The fact that her daughter chooses to live in such an area, is probably because she can only afford that place and no other. And I know what it's like to try to talk a headstrong daughter out of something. Does not work. You deal with family life as best you can, if you love them. Some people posting here apparently have no family, or at least have not learned anything from having one.

    Would you all please stop getting into these stupid arguments about who knows what about the law? None of it makes any sense and it certainly does not help Sarah.

    Sarah I hope you have as good an outcome as possible to all this, but as a parent I would advise you to tell mum ASAP. It is more distressing to learn something after the fact, much more. I always told my two this - 'Never lie to us. If you tell us the truth about something you have done, we will stand by and support you all the way. Let us find you in a lie, and we will lose all trust in you.'

    Good luck to you, ignore the vile ones here.
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  • thenudeone
    thenudeone Posts: 4,462 Forumite
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    What reason did the police give for stopping you ?

    Police do not need any reason to stop a vehicle, so it's irrelevant unless the stop was initiated in a discriminatory way, for example stopping black or asian drivers whilst not stopping white drivers.

    Random driver, vehicle, and document checks are perfectly legal in the UK.

    The power is here:
    http://www.legislation.gov.uk/ukpga/1988/52/section/163
    which, a you can see, does not place any conditions on the power (such as requiring the officer to suspect an offence has been committed).
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  • Robisere
    Robisere Posts: 3,237 Forumite
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    thenudeone wrote: »
    Police do not need any reason to stop a vehicle, so it's irrelevant unless the stop was initiated in a discriminatory way, for example stopping black or asian drivers whilst not stopping white drivers.

    Random driver, vehicle, and document checks are perfectly legal in the UK.

    The power is here:
    http://www.legislation.gov.uk/ukpga/1988/52/section/163
    which, a you can see, does not place any conditions on the power (such as requiring the officer to suspect an offence has been committed).

    What difference does it make to the situation? None whatsoever, and it has nothing to do with whatever punishment that Sarah is going to get. Please stop discussing points of law, unless you have some information that will help the OP.
    I think this job really needs
    a much bigger hammer.
  • marleyboy
    marleyboy Posts: 16,698 Forumite
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    Robisere wrote: »
    What difference does it make to the situation? None whatsoever, and it has nothing to do with whatever punishment that Sarah is going to get. Please stop discussing points of law, unless you have some information that will help the OP.
    I think the member was answering a question posed by a previous poster, which would deem it pretty relevant to their question.

    Points of law are essential when driving a vehicle, you abide by them or you face the flack, its really as simple as that.

    OP gets no sympathies whatsoever, there are absolutely NO EXCUSES in law, that warrants a person to drive a vehicle with no insurance.

    Had the OP hit another vehicle or worse a pedestrian, simply saying "I was only taking my daughter from A to B" would not wash very well, no judge is likely to say "Oh right, okay don't worry about it as you have a perfectly valid reason".

    The reality of committing the offence, of which the OP knowingly did, is points on her licence, a heavy fine and great difficulty in finding cheap insurance for the future. There is no information available to help the OP, even YOU cannot provide any.

    As your NOT the forum police, I feel pretty confident in my ability to post the basics as it stands without asking for your permission, rather that than filling the OP with false hopes that she can somehow get off with committing a driving offence. ;)
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  • prowla
    prowla Posts: 14,023 Forumite
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    marleyboy wrote: »
    Had the OP hit another vehicle or worse a pedestrian, simply saying "I was only taking my daughter from A to B" would not wash very well, no judge is likely to say "Oh right, okay don't worry about it as you have a perfectly valid reason".
    I think it is worth picking this point up - the Motor Insurers Bureau (MIB) runs a fund to cover against accidents involving uninsured drivers.

    Therefore, the end result for the victim of such an accident should be the same regardless.

    This is not intended to be an excuse or anything, but merely pointing out that the potential impact (no pun intended) to a victim is unchanged.
  • brat
    brat Posts: 2,533 Forumite
    People break laws when the need or desire to break them is a more powerful force than the threat of punishment, the fear of being caught or one's personal socio-moral compass.

    In Sarah's case she took a chance because she felt the particular circumstances warranted it. She took a chance and lost. I don't believe for a moment she came on to this forum seeking sympathy. In my view she was looking for the posse's best opinion on what she should do next. She may also benefit from the 'forum society' overview that the offence of 'No Insurance' is an offence that society generally sees as inexcusable, which may inform her moral parameters in future.

    The police behaved appropriately and applied discretion considerately when considering seizure of her vehicle, and gave her a lift home to assist and negate the likelihood of her driving. Seizure should never be considered part of the punishment, it should only be used to prevent the likelihood of continuation of uninsured use, and that was easily done.

    Surely if Sarah has the courage to come on here to discuss her case, she won't be too bothered by people discussing the finer points of law. We can all learn by looking at the law.
    Make everything as simple as possible, but not simpler.
  • thenudeone
    thenudeone Posts: 4,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Robisere wrote: »
    What difference does it make to the situation? None whatsoever, and it has nothing to do with whatever punishment that Sarah is going to get. Please stop discussing points of law, unless you have some information that will help the OP.

    Well, some people think that the police can't stop a car without first suspecting you've done something wrong.

    They think that if they didn't have any suspicion, the stop was "illegal", and it gives some defence against any prosecution for something that the police find after they stop you. It doesn't.

    I presume the post which I replied to thought that (otherwise why would they ask?). I just wanted to make clear to the OP that such a line of defence would be pointless.
    We need the earth for food, water, and shelter.
    The earth needs us for nothing.
    The earth does not belong to us.
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  • yvonne13_2
    yvonne13_2 Posts: 1,955 Forumite
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    OP have you got an update? You can on asking for advise/help
    It's better to regret something I did do than to regret something that I didn’t. :EasterBun
  • Splott
    Splott Posts: 225 Forumite
    Robisere wrote: »
    Very few people here have given advice, or a sympathetic ear to this lady's plight. As a dad to a daughter, I consider her situation, why don't you all do the same?

    Because she knew her mum didn't have her on the insurance. She knew she didn't have insurance for it and she chose to drive it all the same.

    And her daughter isn't a 10 year old kid but a 22 year old adult quite capable of getting a taxi so its not exactly the same as you're trying to make out it is.
  • Robisere wrote: »
    ~ ~ snip I would do the same. Because the 22 year old daughter is FAMILY and Sarah obviously loves her. ~ ~.

    - the O/P drove a car dangerously whilst her decision making was affected by taking drugs
    - the O/P said in # 131 ""the medication does not affect driving in any way"" .. .. clearly it does
    - everyone in that condition is required to complete a D1 form and send it to Swansea for consideration
    - everyone in that condition is required to inform their insurer at the earliest and then the D1 decision outcome by Swansea
    - .. .. if they have enough control over decision making to pay an insurer or do not ever drive

    Unless the drugs have not rendered them non compos mentis, in which case they have no insurance and choose drive a car anyway, choose not to inform the relevant authorities, choose not to inform their poor mother she is about to be prosecuted, choose to continue to believe they are clearly able to make good decisions whilst their head is buried in the vadoma prescription.
    Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ
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