Speeding Again

[mikey1927]

Sorry guys for raising this again, although I got a pleasant surprise this morning in the post! I am American, resident in the UK, and I don't own a car, but I hire one every now and again. I live in Edinburgh, but I was in Northumbria recently (well last November), and have been informed that I have got to go to court for a fixed penalty speeding office! The 'reason' they gave was because I don't have a UK licence. I was going 35 in a 30 zone! I assume they are just going to fine me, but I have no idea of the likely penalty. Does anyone have any experience with this?
Cheers!

 

[Carrotchomper]

AFAIK no points can be added to foreign licences, so the most you would be probably looking at is a fine. Unless they were minded to jail you, highly unlikely at that speed I believe!

However, I would STRONGLY advise you to check your licence status in the UK. IF you have been resident here for more than a year you will need to apply for a UK licence. If you have not done so, I would strongly advise getting the wheels in motion now.

THIS might help.

Regards,

Sam

 

[mikey1927]

Thanks, this is a greater concern now because I have lived here for nearly three years, and did not know this. Does this mean I could now be considered for driving without a licence?

 

[Sp!ke]

With certainty - yes.

You may wish to start collating evidence to prove you havn't been resident here for 3 years and that you have been back and forth between countries.

[edit] personally, I'd write back a letter posted from the US asking how they'd like to proceed.

 

[Carrotchomper]

Well technically yes, you could, and probably will, be considered for the offence of driving "otherwise than in accordance with" a licence. The best advice I can offer you is to apply for a UK licence today, and get as much of the process in action before your court appearance.

Unfortunately you will need to pass a theory and practical test as well.

Don't worry too much, I would advise being as open and honest with the court as possible and explain the situation. You are far from the first person to be caught out by this and so long as you show that it was a genuine oversight and have taken all possible steps to rectify it now you know, they shouldn't throw the book at you.

IMHO the best course of action would be to contact the issuing office of the ticket and ask their advice.

EDIT- Unless you have literally been here for long holidays in the past 3 years I would NOT advise trying to plead on this point. You will more than likely be convicted for this if it can be shown you spent over 50% of the year here and such a tactic is only likely to irritate the Magistrates far more than holding your hands up and pleading ignorance is, IMHO!

 

[mikey1927]

Cheers guys. Bizarrely enough I have not driven since the incident and I don't actually get the opportunity to go home much. I really find it crazy given I've been allowed to get hire cars so easily too. I'm not worried about getting a new licence, but I will certainly won't be driving now !

 

[Carrotchomper]

I think in the circumstances it's a fairly easy mistake to make if you are not regularly driving. The other course is to try for enough adjournments to be able to obtain a licence. however, if you're not bothered about driving in future then just take the fine! It's not like you can get points or anything...

 

[mikey1927]

I think that's all I can do for the time being! Although a fine of £1000 would not be ideal!

 

[Traveller]

You'll probably get a fixed penalty fine of £60 , or 120 dollars in your money, and some advise about your driving licence. I'm sure the court will look on you leniently, it's not as if you're a convict or anything.
Breaking a 30 limit is hardly a serious offence, even in UK, good luck.

 

[DITTRICH]

Sorry guys for raising this again, although I got a pleasant surprise this morning in the post! I am American, resident in the UK, and I don't own a car, but I hire one every now and again. I live in Edinburgh, but I was in Northumbria recently (well last November), and have been informed that I have got to go to court for a fixed penalty speeding office! The 'reason' they gave was because I don't have a UK licence. I was going 35 in a 30 zone! I assume they are just going to fine me, but I have no idea of the likely penalty. Does anyone have any experience with this?
Cheers!

Many many years ago my father was caught speeding on the oxford bypass. At that time, he held a Nigerian License, having been working there for many years and only taking holidays in the UK. He pleaded guilty by post and paid the fine. This would have been in the late 70's. It may all have changed now of course. I would initially be asking whether you could plead guilty by post and merely attach evidence of your current American License - as well as doing all of the above mentioned things to get a UK license. They are currently concerned with a £60 speeding fine, not driving without a valid license. You never know, you might be able to correct your driving status in the uk without the undue stress of a court appearance.
My 2c
Les

 

[prprandall51]

You'll probably get a fixed penalty fine of £60 , or 120 dollars in your money.

Or $180 if the court date is in May.

 

[MBManInKen]

I really find it crazy given I've been allowed to get hire cars so easily too.

I don't understand why you find this strange - how is the rental company supposed to know that you live here, as opposed to being a visitor? If you have a valid license, surely you would expect the rental company not to quibble about it?

 

[Traveller]

Or $180 if the court date is in May.

Wouldn't that be nice!!

 

[Plodd]

You can still get the points.

Even if you don't have a UK driver record the court/DVLA will create one for you.

And if you apply for a licence after the court hearing the points will be on it when you get it.

And driving other than in accordance with a driving licence is a serious offence. They will not 'just offer advice'. I actually think that a US drivers licence can be exchanged for a UK licence. But I may be wrong and there might be a time limit for doing this.

 

[Parrot of Doom]

Before you pay anything for what is likely a trivial offence that wouldn't even merit a sniff from a real policeman (I'm assuming it was an automated 'nab'), go and post here:

www.pepipoo.com

35mph is below the ACPO recommended guidelines for prosecution. I'm surprised they bothered.

 

[BTB 500]

I actually think that a US drivers licence can be exchanged for a UK licence. But I may be wrong and there might be a time limit for doing this.

You can only do a straight exchange for certain specified countries (mostly EU, don't believe US is included).

 

[MBManInKen]

You can only do a straight exchange for certain specified countries (mostly EU, don't believe US is included).

That is correct, US citizens can drive a car for up to 12 months on their US licence. This period allows them to pass the test and get a British licence.

 

[DITTRICH]

http://www.dvla.gov.uk/media/pdf/leaflets/d100.pdf
Section 14 for new arrivals where it clearly states which countries can exchange licenses - mainly commonwealth ones (commonwealth=ex british empire - we used to run them). You will have to aply for a provisional license, take the theory test and then the practical test. The theory test is a doddle - just get hold of a copy of the highway code, a sample question book and read them a few times (twice is good) and understand what the hazard perception test is all about. You'll need driving lessons in order to learn how to pass the test - which is almost but not entirely like driving in real life. I originally had a Russian License, but I too had to go through all of this (I had 6 lessons and then waited for a short notice cancellation test booked by my instructor - I passed first time).
Plodd does have a point about "driving not in accordance with a license" so the best you can do is to get the process of getting a UK license underway and sorted ASAP. Then, manage the court appearance as carefully as you can, because if the issue of how long you have been here does come up, you will have to put all your cards on the table.
Rgds
Les

 

[crockers]

Doesn't driving without a valid liscence also mean you weren't insured? How would the insurance company have viewed this in the event of an accident? I suppose 3rd party only. I think the sentence for this is deportation to the colonies....opps thats where you've come from...In all seriousness - worth paying for a quick chat to a solicitor (an attorney)...better to be penny wise than pound foolish..

Good luck..

 

[BTB 500]

Section 14 for new arrivals where it clearly states which countries can exchange licenses - mainly commonwealth ones (commonwealth=ex british empire - we used to run them).

Most of the EU is included - my wife is German and was able to do a straight swap.