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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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I am appearing as a witness in a friends case where he is

Customer Question

I am appearing as a witness in a friend's case where he is charged for drink driving. The car was stationery after my friend asked me to stop as he was not happy with my driving and as such he had sat in the driving seat before the police arrived. I had driven believing my insurance allows me to drive any other car but upon checking with my insurance, I have learned that I can only drive any other car but it has to be loaned or hired and approved by my insurance. May you please advise me if I can be charged after my testimony for driving with no insurance.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Will your statement reveal that you were driving with no insurance?
Customer: replied 3 years ago.


I am not stating that in my testimony.

Expert:  Jo C. replied 3 years ago.

No, but if questioned you will have to answer truthfully?

 

Have they asked for sight of your insurance details?

Customer: replied 3 years ago.
No they have not asked for the details. How ever I am just preparing with my duty solicitor
Expert:  Jo C. replied 3 years ago.
Thank you.

If you are a defence witness then you will not have access to the duty solicitor.

You will probably be seeing his solicitor to provide a section 9 statement.

If you are giving evidence to the effect that you were the driver of this vehicle then you may be asked if you were insured. The plain fact is that you can only answer truthfully to that question.

Whether you will be charged or not is another matter. I suppose, in academic law, they could prosecute you just on the statement that you made in the witness box and rely upon that hearsay.

However, the practical reality is that they would never do that. They would never prosecute anything that complicated for what is, ultimately, only a matter of no insurance. The police are far too busy wasting their resources on childish domestic squabbles and neighbour disputes to deal with any road traffic issues with a limited chance of success.

Can I clarify anything for you?

Jo
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/