Document offence FAQs

Motoring document offences - FAQs

About 18 months ago I was convicted of speeding and given 3 points. The court asked me to surrender my licence but I forgot. I have now been stopped for using a mobile phone whilst driving. I now have to go to court , what can I do? 

You do not hold a valid driving licence. You were ordered by the court to surrender your licence. After 12 months if you do not surrender it then the DVLA expire or revoke your licence. From then on you are driving otherwise than in accordance with a driving licence. This is an offence that usually carries points. However, if you were otherwise entitled to drive under the terms of your licence then this makes it a non endorseable offence and you should avoid points. It might be worth asking one of solicitors to write to the court on your behalf pointing this out to make sure that you don’t receive points. 

You can, of course, expect to receive 3 points for the mobile phone offence.

Expert advice from a specialist motoring offence solicitor is crucial if accused of any offence, for advice call us on 01616 966 229.

Am I legally required to carry any documents with me in the car?

The law requires you to produce your driving documents within 7 days, not immediately.  In any event, if a police officer stops you and asks you to produce your documents it is likely he will still require you produce at a police station even if you have them on you at the time.  It is dangerous to carry documents in your vehicle. If your vehicle is stolen the thieves would have all the necessary documentation to "prove" ownership and sell your car to an unsuspecting buyer.  It would also give the thief the means to steal your identity.

My advice would be don't carry any documents in your vehicle. Store them at home in a safe place so that you can produce them within a few days if you are ever stopped.

Expert advice from a specialist motoring offence solicitor is crucial if accused of any offence, for advice call us on 01616 966 229.

I have been stopped by the police and asked to produce my documents at the police station. When I have checked I realised that my MOT had run out last month. What can I expect? 

The police will prosecute No MOT offences but only usually if other offences have also been committed. Providing you are able to produce all your other documents within 7 days you may get lucky and find that the police chose not to prosecute you. If you are prosecuted you can expect a fine but this is a non endorseable offence. In other words you will not receive any points.

Expert advice from a specialist motoring offence solicitor is crucial if accused of any offence, for advice call us on 01616 966 229.

I have received a summons for Permit of use of a Motor Vehicle with no Insurance, after letting a family member I believed to have insurance drive my car, what advice can you offer me, am I likely to lose my license? 

Permit no insurance carries either a discretionary ban or between 6 and 8 penalty points. 6 points within 2 years of passing a driving test results in the automatic revocation of your driving licence by the DVLA. If you are convicted this means you will lose your entitlement to drive either way as you only passed your test recently. However, the prosecution must prove that you actually "permitted" your cousin to use the vehicle in the first place. I would be interested to see what evidence the prosecution seek to rely on in this respect. If they can prove that you gave consent for him to use your car then you may be able to rely on the fact he misled you into thinking he was insured as a "Special Reason" to avoid a ban or points.

If you would like more specific advice based on actual evidence in a case like this we would be happy to take a look and give you specific advice and an estimate of costs to defend the prosecution.

Expert advice from a specialist motoring offence solicitor is crucial if accused of any offence, for advice call us on 01616 966 229.

I own two cars. One was broken down and I cancelled the insurance and allowed the tax to expire. One night I left it on the highway with a tax disc from my other car and the car has been towed away. Where do I stand legally? 

If the police officer cautioned you before you told him what happened then this was probably an interview under caution and can be used in evidence against you. By the sounds of it you have confessed to an offence of Fraudulent use of a vehicle excise licence. This is an either way offence so can be dealt with before a Judge and Jury at the Crown court and carries the possibility of imprisonment. I would strongly urge you to seek legal advice and also representation in court.

Expert advice from a specialist motoring offence solicitor is crucial if accused of any offence, for advice call us on 01616 966 229.

I was paying my car insurance by monthly instalments. I was stopped by the police and asked to produce my documents. My wife and I separated that week and I forgot to produce my documents. What can I do to prove I was insured? 

Insurance companies always insist that certificates of insurance are returned when a policy is cancelled to prevent fraudulent production of the certificate after the policy has been cancelled. They are also not allowed to issue back dated certificates. What you should ask for is a letter of indemnity which the CPS and Court will probably accept. It is your responsibility to produce documentary evidence that you were insured and if you fail to do so by the trial date you will be convicted and given at least 6 points or, worse still, a ban.

We recently dealt with a case similar to yours where the insurer refused to co-operate. In the end we successfully applied for a witness summons against the company secretary of the insurance company ordering his attendance at court and the production of documentary evidence to prove our client was insured. Not surprisingly this produced an immediate response and our client avoided a conviction.

Expert advice from a specialist motoring offence solicitor is crucial if accused of any offence, for advice call us on 01616 966 229.

I was recently pulled over for driving without an MOT the police told me this meant my insurance was invalid. I have now been charged with driving without an MOT and insurance, where do I stand? 

No MOT is a non endorseable offence so it does not carry penalty points. It is punishable by way of a fine only.

No insurance carries either between 6 and 8 points or an unlimited disqualification. You can also be fined up to a maximum of £5,000 and even receive a community penalty, such as a rehabilitation order or a curfew.  As your son has been driving for less than 2 years, the new driver provisions mean that the minimum of 6 points will result in the DVLA revoking his licence. 

I would recommend that you contact your insurer and ask them whether the insurance really was void simply because the MOT had expired. You might find that they will say it was not, in which case get them to confirm this in writing. If this is the case then it might be worth involving a solicitor and asking them to write a carefully worded letter to the Crown Prosecution Service and invite them to discontinue the case.  We can help you with this for a fixed fee.

Expert advice from a specialist motoring offence solicitor is crucial if accused of any offence, for advice call us on 01616 966 229.

I was stopped driving a car without insurance and the police have seized and impounded the vehicle. Can they do this and how do I get it back?

The police have powers to seize, impound and dispose of vehicles that are used without insurance. What’s more the will charge you a fee for impounding the vehicle and a daily storage fee on top. At Carry on Driving we have seen lots of cases where vehicles have been impounded even though in fact insurance was in force. This is because the insurance data base that the police have access to is not fool proof and mistakes are sometimes made. We have known situations when insurers have failed to update the database and brokers have failed to notify insurers that premiums have been paid.

Sometimes it’s cheaper to allow the police to destroy low value cars rather than pay expensive fees. We have successfully recovered vehicles in the past without our clients having to pay the costs. If the seizure was as a result of a failing on behalf of the insurer or broker then we have successfully persuaded them to pay the costs of recovery.

Expert advice from a specialist motoring offence solicitor is crucial if accused of any offence, for advice call us on 01616 966 229.

I’ve recently received a summons to attend court under section 29(1) of the Vehicle Excise Licence and Registration Act 1994 for keeping a vehicle on a road without valid tax disc. What sort of punishment can I expect?

The maximum fine is £2,500 but you are more likely to be fined £200 or so, depending on your means and ability to pay. You are also likely to be ordered to pay the back duty, i.e the tax that would have been due from when the last tax for the vehicle expired until the date of the offence. The offence is non endorseable so does not carry risk of points.