How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I left the road 'comfort break' in a field which turned

Resolved Question:

I left the road 'comfort break' in a field which turned out to be a swamp. My car, a Range Rover sank up to its axles and was immobilised. I called my wife to collect me but in the meantime a walker who saw me leave the road called the police. The Police officer arrived and breathalysed me. I blew 98 which is well over the limit. I was arrested and spent the night in the cells. My car was recovered two days later after the snow had melted, it took two recovery trucks 2hours to retrieve the vehicle. I was 'in charge ' of the vehicle but there was no prospect that I could drive it out of the swamp and continue my journey.I was not on a road or public place when I was breathalysed. This all happened after 1800hrs on 19 Jan 2015. It was dark and the weather was poor at 1200 ft. Altitude .
Do I have any defence?
Regards,
Mike Dickinson
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
Didn't the caller see you leave the vehicle ?
Customer: replied 1 year ago.
I only left the vehicle when the police arrived. I have not seen a witness report but it was dark and there has been no identification procedure with the witness.
Expert:  Jo C. replied 1 year ago.
No, I would imagine that is because the police identified you at scene and the witness gave evidence that he saw you leave the car.
Clearly you could not have intended to drive this vehicle because of its condition. I suppose that they could argue that you may have intended to steer the vehicle while it was towed or something similar to that but if your wife was collecting you then you could rely on that.
This does, of course, rely upon the position not being that the witness saw you drive and leave the vehicle.
But you will find the legislation here
http://www.legislation.gov.uk/ukpga/1988/52/section/5
and proving there was no intention of driving does give you a defence.
Can I clairfy anything ?
Jo
Customer: replied 1 year ago.
Thanks, ***** ***** or less got to this myself. I never left the vehicle until the police arrived, I haven't seen the witness statement yet, if indeed there is one.
Regards,
Mike
Customer: replied 1 year ago.
Relist: Answer came too late.
Expert:  Ash replied 1 year ago.
my name is ***** ***** I will help you with this.
please let me know what else is it you would like to know?
Alex
Expert:  Jo C. replied 1 year ago.

Can I help further?
Customer: replied 1 year ago.
Do you mean 'left the road' rather than 'left the car' I remained in the car until the police arrived.
Expert:  Jo C. replied 1 year ago.
You said above that you got out comfort break.
Customer: replied 1 year ago.
Yes, after I stopped in the swamp.
Expert:  Jo C. replied 1 year ago.
The problem with this is that the witness might well be saying that he saw you exit the vehicle which would prove that you were driving or at least in control.
Customer: replied 1 year ago.
It was dark, 1815hrs and I was about 100 yards into the field from the road.I doubt if the walker could identify me as the driver of the car which turned into the field from the road. As I propose to plead guilty to 'in charge'at the court hearing, next Monday, I assume the CPS will not have made any arrangements witness to be in court.
Thanks help.
Expert:  Jo C. replied 1 year ago.
No, they won't have called the witness first appearance either way.
I would be surprised really if they have called him at all since you were found in the car.
Customer: replied 1 year ago.
OK, Thanks, ***** ***** we can sign off now.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. information, please start your question with ‘ C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions