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: 70198
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have been summoned to a magistrates court on 25th of

Customer Question

hi
i have been summoned to a magistrates court on 25th of August for trial . The charge is that
a ) my vehicle was caught on Camera exceeding 30mph
b ) i permitted the use of my car without relevant insurance
i was actually out with a friend that evening and left my vehicle at home .
My girlfriends brother had a guest from over seas staying for a couple of days and my he let her use my car as he thought i had an insurance policy that covered any driver , which i didn't .
Subsequently the visitor took my vehicle , got caught by a camera over 30mph .
When i returned home i was none the wiser my vehicle had been used .
only the day after was i told that the visitor had borrowed my car .
i explained this several times to the police and passed them the drivers details .
They are now charging me with speeding and also allowing someone to drive without insurance .
I cannot afford legal representation and cannot afford to lose my license as i am in sales and travel .
if i lose this job i wont be able to support my children or home .
Ifind it very frustrating that the courts have not listened to the facts and am extremley worried
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

What would you like to know about this please?

Customer: replied 11 months ago.
Hi
I would like to know if they have any ground to charge me on either offence.
I have a witness who will attend with me who was there on the evening in question.I was completely unaware that my vehicle had been used .
Expert:  Jo C. replied 11 months ago.

Did you report the use to the police?

Customer: replied 11 months ago.
No I did not as I discovered this the day after. To be honest I didn't think to report it. I was asked by the police if I had reported the car stolen but as I said I was completely unaware that it had been used.
Expert:  Jo C. replied 11 months ago.

How did this person get your keys?

Customer: replied 11 months ago.
I left the keys by the front door.
Expert:  Jo C. replied 11 months ago.

You can raise this defence.

To be wholly honest, there is a significant risk it will be disbelieved. Unfortunately quite a lot of people do claim that a visiting friend who has now left the country was driving their car.

Expert:  Jo C. replied 11 months ago.

There are some websites that encourage people to do that which is actually perverting the course of justice but there you have it.

Expert:  Jo C. replied 11 months ago.

If it wasn't you and you didn't know then you can raise this defence.

Whether or not they would find it credible is another matter.

It might be difficult to get them to accept that this person took your keys without anybody knowing at all.

Expert:  Jo C. replied 11 months ago.

You might also need to explain why you didn't have your keys with you. I realise that you may not have been driving but most people keep their keys on them most of the time.

Expert:  Jo C. replied 11 months ago.

It is not really a question for you but they will probably wonder why your girlfriend didn't take action when she realised that your keys had been taken.

Expert:  Jo C. replied 11 months ago.

Obviously you do face the risk of costs if it goes against you.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
Do you think
A) I should have a solicitor present in court
B) I should bring my girlfriends brother with me as a witness as he was there on the night. Or is it possible to provide a sworn affidavit from him if he can't attend.My driving license is essential for my living if I lose that I lose everything.
To take 3 points in my licence with the original charge of excess if 30mph I could have done ,if it was me driving so what I mean to say is that I wasn't trying to pull the wool over anyone's eyes.
Expert:  Jo C. replied 11 months ago.

A] Yes, it is generally better but it will rack up costs so you have to balance that.

B] Yes, he needs to come. If he does not then they won't be able to consider his evidence. We don't do sworn affidavits in criminal courts. Witnesses come to give evidence and face cross examination unless, of course, they are making allegations of domestic abuse in which case they waste public money by not attending.