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mfam99
I was pulled over by the police on the 4th October 2007 for talking on a mobile (Wrong I know and I would never do it again). Then they found out my license was revoked (under new drivers act) and impounded my vehicle. A friend came later and we picked it up for £105.
I have since re taken my test and passed but have still not heard from the court/police about this incident. The only thing I got was a letter from the insurance company a week after the incedent cancelling my policy. It has now been just over 6 months - any chance that they will contact me?

Thanks

nemo
QUOTE (mfam99 @ Thu, 10 Apr 2008 - 19:39) *
It has now been just over 6 months - any chance that they will contact me?

In England (or Wales) ? If so, then the possibility exists that a summons (or summonses) could be in the pipeline.

The 6 month limitation of time to which you refer applies to the commencement of proceedings. South of the border, this is achieved by the laying of an information (applying for a summons) at the magistrates' court. Note that issue and service of the summons can follow a few weeks after the information has been laid.

In your case, as long as proceedings were commenced prior to 04.04.2008, then a summons (or summonses) could legitimately be served on you after this date.

If you want to know (with reasonable certainty), and you know which court is most likely to deal with motoring matters in the area you were stopped, then you could make a phone call and ask whether any informations have been laid in your name. If nothing appears to have been laid (and accepting that it is now too late to do so), then ensure that you obtain the name and position of the person with whom you spoke. Also, ask if they could confirm the content of the call by fax (ideally) or email.
g_attrill
Definitely call and see what has happened. Have you moved house recently? If so it could have gone to the old address and proceeded in your absence - if this has happened you can either accept the sentence, or have it reheard (this may well result in a lower sentence).

Also, were you aware of the revocation, if not, what where the circumstances that led up to it? Did you receive the revocation notice, if not, was there a problem with your address details? All these things are mitigation, or if an error has been made the recovation might not have been valid. Driving without a licence is a serious offence and a driving ban is the most common sentence.

mfam99
Thanks guys for your reply. No I haven't moved houses recently. I suppose I just have to sit tight for the next couple of weeks, if I don't receive anything I will contact the court.

What's the maximum number of points you're allowed to have on your license before disqualification though? I already have six points, 3 of which will expire in August 2008 and the second question is once the points expire are they removed automatically or is there a certain procedure to follow? thanks in advance.
Gaza
If you get 6 points or more in the first two years of holding a full license your license is revoked (note, you are not "banned" in the same way as someone who accumulates 12 points in three years) and you are required to resit your test. What surprises me is you didn't know your license had been revoked. How could this be?
nemo
Points are valid for totting purposes for 3 years, must remain on the licence for 4 years and must be disclosed to insurance companies for 5 years..

Penalty points can be removed from the licence counterpart by the DVLA - see here..

If a driver amasses 6 or more points within 2 years of first becoming qualified, then their licence would be revoked under the Road Traffic (New Drivers) Act 1995. The driver would require to apply for a new provisional licence and then re-sit (and pass) another driving test.

If a driver amasses 12 or more points in any three year period then they are liable to be disqualified for a minimum of 6 months (dependent upon it being their first totting offence or not). To avoid a totting ban, a defendant would require to convince the magistrates that exceptional hardship (primarily to other persons) would occur as a result of a ban.
mfam99
QUOTE (Gaza @ Fri, 11 Apr 2008 - 10:36) *
What surprises me is you didn't know your license had been revoked. How could this be?


I knew the license has been revoked but the magistrates said I can drive until I get a letter from the DVLA asking to return the license, while waiting for the letter from the DVLA I was pulled over and discovered that my license has already been revoked two days prior but I only got the letter a day after the incedant, however the letter was dated 2 days before receiving it.
mfam99
QUOTE (nemo @ Fri, 11 Apr 2008 - 10:47) *
The driver would require to apply for a new provisional licence and then re-sit (and pass) another driving test.


I have already resit test and passed, I now have a new license but still carry the 6 points accumulated on the old license.

I got my first 3 points in August 2004, when will they be removed from my license?!
nemo
What was the date of the revocation notice, what date did you receive it and from what date did it state the revocation took effect ?
nemo
QUOTE (mfam99 @ Fri, 11 Apr 2008 - 11:50) *
I got my first 3 points in August 2004, when will they be removed from my license?

They are no longer valid for totting purposes and they can be removed from licence on or after xx August 2008.

(Where xx = the day of the offence in August 2004).
mfam99
Thanks very much for all your help. One last thing though, seeing as my licence was invalid on the day I was stoped which in turns invalidates my insurance (I had a valid insurnace though), would I also be chrged with "driving without valid insurance"?

Finally what should I expect to get for this case:

1- Driving without valid licence?
2- Using mobile phone?
3- And maybe driving without valid insurance?

bearing in mind I already have 6 points (3 of which are due for removal in August 2008)

Again, thanks to all.
andy_foster
You need to answer nemo's question regarding dates.

What you say about what the magistrates told you is largely correct. Revocation is an adminsitrative process performed by the DVLA, not by the courts (which means that you can't argue undue hardship). After reaching 6 points during your probationary period, you are liable to have your licence revoked by the DVLA but can legally drive until it is revoked.
The revocation cannot occur before the date of service of the notice from the DVLA. It is not sufficient for the DVLA to simply decide that your licence is revoked, they must serve a notice on you.
Proof of proper posting creates a rebuttable presumption in law that the notice is served on the date when it would be delivered in the ordinary course of post, but this can be rebutted by evidence (e.g. your credible testimony) that it was either delivered later, or not delivered at all (not applicable in your case).
southpaw82
Bear in mind that most insurance policies cover you if you "hold or have held a licence to drive the class of vehicle".
mfam99
QUOTE (nemo @ Fri, 11 Apr 2008 - 11:50) *
What was the date of the revocation notice, what date did you receive it and from what date did it state the revocation took effect ?


The revokation notice was issued on the 2nd of Aoctober 2007 and posted on the same day judging by the post mark, I was stoped on the 4th of October 2007 but didn't receive the revokation notice until the 5th of October 2007, though there is no proof that I received it on that date as it was not recorded/registered.
Gaza
Was the letter sent First or Second Class post? Given the poor performance of RM a letter posted on 2nd could take until the 5th to reach you.

QUOTE
though there is no proof that I received it on that date as it was not recorded/registered.


There doesn't have to be. It is your credibility that counts. If you are charged with driving without insurance and driving without a license then you will have to give a credible account of yourself in court. At the time of the offense you had not received the letter and therefore you were still legally entitled to drive and were therefore insured. If the Mags believe you that the letter was not received until the 5th then they cannot convict you. Could anyone in your home back up your story?

You have also missed the point of when your points "expire." They could for totting-up purposes for three years from the date of the offense. However, they stay on your license for 4 years.
andy_foster
What does the revocation notice say? In particular what date does it state that the revocation is effective from?
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