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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my daughter has been charged with drink driving but she was

Resolved Question:

my daughter has been charged with drink driving but she was not the driver and remained at the scene when her car was crashed into a lamp post the guy driving ran from the scene and is refusing to go to court and explain. she has given the police a no comment interview and due in court on 15/5/14 is there anything she can do
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Does she know who was driving please?
Customer:

yes she knows the guy but only socially and has no address for him, she was told by him he had a liscence but has nowbeen told differently which explains him running off

Alex Watts : Were there any witnesses or do the officers say they saw her drive?
Customer:

there were no witnesses and the officers say that two off duty officers saw her outside the car. she was also asked a series of questions one of which was who the driver was. she was the driver

Customer:

apoligies the above email was incomplete and the last part was meant to say she admitted to being the driver at the scene but gave a no comment interview. can this be challenged with out the other persons involvement

Alex Watts :

Well the difficulty is she admitted to being the driver.

Alex Watts :

If this was the case then the Officers evidence is going to be enough to convict.

Alex Watts :

Look at it this way, if she really was not the driver and there was a crash and she waited, why would she not say who was driving and why would she give a no comment interview? It makes no sense.

Alex Watts :

If someone was innocent they would put their side of the story in interview

Alex Watts :

And the fact she admitted to driving

Alex Watts :

Those things together certainly cause her difficulty.

Alex Watts :

Sadly she could fight it but in reality the Court is going to believe what an officer says over this.

Alex Watts :

There are real problems

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

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