Law10 mins ago
driving question
i was convicted of drink driving 4 years ago,when can i not mention it to insurance companies,or what my main issue is that i would like to also know could i drive the works vans,being that you have to have a clean license,of which i know i have not,so when is it ok not to mention legally.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Under the provisions of the Rehabilitation of Offenders Act, you can lawfully answer 'No' to any question on an insurance proposal form, which asks about whether you've ever been convicted of an offence, as soon as the offence becomes spent. (That also applies to any questions asked by an employer, or potential employer, except when applying for certain jobs - such as working with children - which are exempted from the legislation).
If you were only disqualified from driving because of drink-driving, the offence would have become spent as soon as the disqualification ended. However if, as is far more likely, you were also fined, the offence becomes spent 5 years after the date of conviction.
There are a couple of exceptions to that information:
(i) if you were under 18 years old on the date of conviction, the rehabilitation period would be 2� years ;
(ii) if you were convicted of any other criminal offence (except a very minor offence which could only be dealt with by a fixed penalty or by an appearance in a magistrates' court), before the drink-driving offence became spent, the drink-driving offence could not become spent until the later offence was also spent.
The endorsement will remain on your licence for 11 years from the date of conviction
http://www.direct.gov.uk/en/Motoring/DriverLic ensing/EndorsementsAndDisqualifications/DG_100 22425
but, as stated above, you can lawfully fail to mention the conviction as soon as it's spent:
http://www.lawontheweb.co.uk/rehabact.htm
Chris
If you were only disqualified from driving because of drink-driving, the offence would have become spent as soon as the disqualification ended. However if, as is far more likely, you were also fined, the offence becomes spent 5 years after the date of conviction.
There are a couple of exceptions to that information:
(i) if you were under 18 years old on the date of conviction, the rehabilitation period would be 2� years ;
(ii) if you were convicted of any other criminal offence (except a very minor offence which could only be dealt with by a fixed penalty or by an appearance in a magistrates' court), before the drink-driving offence became spent, the drink-driving offence could not become spent until the later offence was also spent.
The endorsement will remain on your licence for 11 years from the date of conviction
http://www.direct.gov.uk/en/Motoring/DriverLic ensing/EndorsementsAndDisqualifications/DG_100 22425
but, as stated above, you can lawfully fail to mention the conviction as soon as it's spent:
http://www.lawontheweb.co.uk/rehabact.htm
Chris
Chris,
Does this apply also when in receipt of a fixed penalty? 4 years ago I was caught speeding, which is spent and the points now removed. However, insurance companies ask for any convictions in the last 5 years, so I have to mention it. Or do I, as I have been rehabilitated?! I'd love to know.
Thanks
Does this apply also when in receipt of a fixed penalty? 4 years ago I was caught speeding, which is spent and the points now removed. However, insurance companies ask for any convictions in the last 5 years, so I have to mention it. Or do I, as I have been rehabilitated?! I'd love to know.
Thanks