Driving With Revoked Licence

[As400]

Was pulled over on the M1 at the end of February and my car was imponded despite me having full insurance MOT road tax and full clean licence, the reason being my licence had been revoked back in 1998 and I had no idea!

I reapplied for my new style licence and it arrived quickly with no points attached.

My insurance company did a dvla conferance call and have issued a letter confirming insurance was covered despite what occured so despite me technically driving without insurance they are saying otherwise and I have that in writing.

I am aware of this phrase: " non endorseable because you were otherwise entitled to hold a licence"

Apparently I am going to be summoned presumably on a no insurance and no licence basis, how do you think I stand?

 

[As400]

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 member Andy Foster's handy hint that "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.

 

[SeanJoyceStephensons]

An offence of driving otherwise than in accordance with a license is normally punishable by an endorsement of 3 – 6 points. However you are correct that the offence is non-endorseable in circumstances where a license could have been issued.

That applies in your case. The Court will need to be made aware that at the time you were eligible to hold a full driving license but that your license had been revoked.

Strictly speaking the Prosecution could seek to lay a charge of using a vehicle without insurance, however this seems unlikely. Even if they did so, it should be possible to defend that charge. The Prosecution will normally withdraw allegations of using a vehicle without insurance on receipt of a letter of indemnity from the insurance company.

In terms of plea, the offence of driving otherwise than in accordance with a license is strict liability, meaning that knowledge and intent are irrelevant. If you accept that on the date of the offence no license was in place, the appropriate plea is guilty. A not guilty plea may be appropriate if there has been an error by the DVLA.

If you would like to contact me to discuss your case, please feel free to call 0845 002 0736.


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce