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Banned driver who failed to reapply caught for speeding: what will the penalties be?
I lost my licence in February 2002 for 18 months. I have not re-applied. I was caught approx 20mph over the speed limit with no licence but insured on someone else insurance. What will happen to me?
You should reapply for your licence using form D27 immediately. The DVLA will make medical enquiries if you have:
- been disqualified for driving, or being in charge of a vehicle, when the level of alcohol in the body equalled or exceeded:
- 87.5 micrograms per 100 millilitres of breath, or
- 200 milligrams per 100 millilitres of blood, or
- 267.5 milligrams per 100 millilitres of urine
- two disqualifications within the space of 10 years for drinking and driving, or being in charge of a vehicle whilst unfit through drink
- one disqualification for refusing or failing to supply a specimen for analysis
Otherwise the process is pretty much automatic.
Depending on the speed limit you exceeded you may escape with a fixed penalty and there is a possibility that your failure to reapply for your licence might not be picked up by the process in which case you will receive three points plus £60 fine. If however you were stopped by an officer and given a producer then the lack of a licence will clearly show up.
Driving without a licence brings 3-6 penalty points but I would expect to be able to secure the lower penalty in your case and with a decently argued mitigation it may be possible to avoid any points even if a case is brought.
The issue might arise as to whether driving without a licence might void the insurance, but if a policy was in place this would be harsh in my view and I believe we could persuade the CPS to drop any such charge.
In the first instance I would suggest you should agree to a detailed exploratory interview with a specialist motoring offence solicitor.
The Roadside Lawyer will initially provide expert motoring solicitor support to road traffic offence clients at a one off charge of £25 plus VAT for a detailed half hour telephone consultation. The solicitor will have been briefed and read about the background to your case. After the consultation they will provide email notes and guidance detailing how you should best proceed.
If appropriate they may then recommend further work to negotiate with the the CPS that the case is dropped, or at least there are reasonable grounds for mitigation to ensure a minimal penalty.
If you instruct us to further act for you, any additional charges will be notified before you incur them so you can take an informed decision on how much further expenditure you wish to incur. If you choose to let us represent you (usually with junior counsel) the initial call cost will be waived.
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